AMAR NATH DAS AND ANOTHER Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-1998-11-60
HIGH COURT OF CALCUTTA
Decided on November 20,1998

Amar Nath Das And Another Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Satyabrata Sinha, J. - (1.) The petitioners in this writ application have, intra alia, prayed for issuance of a writ of or in the nature of Mandamus directing the respondents not to give effect to the impugned endorsement in the record of right in respect of plot No. 436. The petitioner filed an application for correction of record of right in terms of Section 51A of the West Bengal Land Reforms Act. The said application of the petitioners was allowed and the necessary correction in the record of right had been effected. However at the instance of the added respondent, the said corrected portion of his record of right has been deleted. The petitioner contends that without initiating any proceeding in accordance with law such passing of an order deleting the name of the petitioner from the corrected record of right, certain legal right accrues in his favour. It is admitted that prior to deletion of the name of the petitioner from the record of right at the instance of the added respondent neither any proceeding had been initiated nor the petitioner had been given an opportunity of hearing.
(2.) In this view of the matter, the impugned order is set aside.
(3.) The respondent, Revenue Officer, if any application is filed by the added respondent, may proceed in accordance with law and pass a fresh order after giving an opportunity of hearing to all concerned.;


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