Amiya Kumar Mookerji , J. - (1.) This Rule is directed against an order dated 19.5.1973 passed by the J.L.R.O. by which the petitioner was asked not to disturb the right of the opposite parties with respect to certain plots mentioned in the said order as Bhagchasi and if the petitioner fails to comply with the said order, the J.L.R.O. threatened that legal action would be taken under section 19A (2) and (3) of the West Bengal Land Reforms Act, 1955, against the petitioner. It is contended by the learned Advocate appearing on behalf of the petitioner that the impugned order is illegal and without jurisdiction inasmuch as if the Bargadar was threatened for eviction, under section 18(1) of the West Bengal Land Reforms Act, the special officer empowered under the said Act is incompetent to decide the point. Moreover the J. L. R. O. has got no jurisdiction to entertain any complaint under section 19A(i) or (ii) of the said Act. A person is liable to be punished with imprisonment or fine if he does not comply with the order made by the prescribed authority, but such punishment can be inflicted only by a competent Magistrate upon a complaint being brought before him and only after complying with the provisions of the Criminal Procedure Code for the trial of such offences. The J.L.R.O. cannot assume jurisdiction of the special officer and refer the matter to the officer-in-charge of Police Station for the purpose of giving protection to the opposite parties.
(2.) No one appeared on behalf of the State. No affidavit-in-opposition has been filed. Considering the facts and circumstances of the case, the impugned order of the J.L.R.O. which is annexure B to the petition is quashed. This Rule is made absolute.
(3.) This order, however, shall not prevent the respondent nos. 4 to 6 to apply before the appropriate officer to seek relief under the West Bengal Land Reforms Act.;