- (1.) BY this application, the judgment and order dated 26th September, 2003 is impugned. The fact of the case is that in or about 1996, the State respondents, initiated a proceedings under section 14t (3) read with section 14t (10) of the West Bengal Land Reforms Act, 1955 (Thereinafter referred to as the said Act ). The said proceedings was challenged before this Court. By judgment and order dated 8th October, 1996, learned Single Judge of this court had set aside the said proceedings and the order of vesting was also quashed. While doing so, the following direction was given: "if any return in 7aa has been filed in pursuance to this Hon'ble Court's earlier order that also has become redundant in view of the decision of the Division Bench judgement as referred to above and the said return also should not be given effect to. Pursuant to the order passed in 7aa proceeding if any settlement has been made and/or Patta has been granted in favour of any person, the authority concerned should take proper step for immediately annulment of the said Patta and should hand over possession of the land to the petitioner thereafter forthwith. "
(2.) IT appears, in spite of the said order being passed, no action was taken. So, another writ petition was filed in this Court being W. P. No. 12229 (W) of 1999. The said writ petition was disposed of by an order dated 13th July, 1999, directing the State respondents to consider the application made by the petitioner for correction of the record-of-rights in respect of the lands in question which has not yet been considered by the respondent concerned.
(3.) THE aforesaid order was also not carried out. Ultimately, the Block land and Land Reforms Officer had passed an order negating the order passed earlier by His Lordship the Hon'ble Justice N. K. Mitra (as His lordship then was ). It is to be noted that the judgment and order of Hon'ble justice Mitra (as His Lordship then was) has not been appealed against and the mandate is very clear. In spite as aforesaid, the learned Tribunal by its impugned judgment and order, recording the history of the case, passed the following order: "we find no infirmity in the proceeding and we have no hesitation to hold that the proceeding being 7aa case No. 59/94 is unassailable in the eye of law. But the difficulty in this case is that the proceeding has been set aside by the Hon'ble High Court in C. O. No. 15796 (W) of 1996. The proceeding is therefore a non-existent one. We, therefore, direct the Block Land and land Reforms Officer, Contai-I, District Purba Medinipur to draw up a fresh proceeding under section 14t (5) of the West Bengal Land Reforms act, 1955 and dispose of the same in accordance with law. ";