Manas Nath Roy, J. - (1.) The petitioners are residents of village Garbari. The respondents (concerned made application before the Bhagchas Officer concerned claiming their rights as bargadars. In the said proceeding admittedly an application was made under section 16(4) of the West Bengal Land Reforms Act, 1955 claiming a determination and it was specifically contended that there was no relationship of bargadar and jotedar between the parties. Such application it appears admittedly has not been disposed of in accordance with law. The point as taken or raised in the application undoubtedly goes to the root of the matter and would be a question of jurisdiction. As such after hearing Mr. Das and agreeing with his submissions, I am of the view that both the learned Tribunals below were wrong in proceeding to determine the matter without at first determining the objections under section 16(4) as referred to hereinbefore. In view of the above the Rule should succeed. Let appropriate writs be issued. The authorities concerned would be now entitled to proceed afresh in the matter after duly determining the objection as filed under ; section 16(4).
(2.) Let it be noted that although this Rule was made ready as regards service on 9th September 1975 and an opposition has been filed on behalf of the respondent no. 3, but nobody appeared at the time of hearing of the Rule for the respondents concerned. It should also be noted that the respondent no. 5 has appeared and he supported the case of the petitioners.;