S.B. Sinha, J. - (1.) The petitioners in this application have, inter alia, prayed for issuance of a writ of or in the nature of Mandamus directing the respondents to cancel the order passed in the proceedings under Section 51A(1) of the West Bengal Land Reforms Act, being Case No. 6, and from giving any effect there to as contained in annexure 'E' to the writ application.
(2.) In view of the order proposed to be passed, it is not necessary to go into the fact of the matter in great details. Suffice it to say that the petitioners claim their right, title and interest in terms of a deed of endowment executed in the year 1941. According to the respondent No. 4, despite execution of such deed, the same had not.been given effect to and the name of the settlor had been entered in the record of rights. At the time of preparation of the revision, survey settlement record of rights, the respondent filed an application for correction thereof by inserting his name instead and place of the original settlor, and the Revenue Officer by an order dated 26.8.83 allowed the said application purported to be on the basis of a certificate granted by the Gram Panchayat concerned. The petitioners, in this application have, inter alia, raised various contentions, including, question that the impugned order suffers from lack of jurisdiction, as while passing the said order, the Revenue Officer has gone beyond the provisions contained in Section 51 of the West Bengal Land Reforms Act read with Rule 23 of the West Bengal Land Reforms Rules. On the other hand, the contention of the private respondent appears to be that keeping in view the fact that the said deed of endowment had not been given effect to, and the name of the original settlor having been entered into the record of rights, his heirs had the legal representatives applies for requiste correction. Several other legal questions have also been raised. However, keeping in view the fact that the petitioners have filed the application on or about 10.1.84, purported to be in terms of the proviso appended to Rule 24 of the West Bengal Land Reforms Rules, this Court is of the opinion that the said application may be considered by the authority concerned. However, as the said application prima facie appears to be barred by limitation, it would be open to the petitioners to file an application for condonation of delay, and in the event the concerned Revenue Officer is satisfied that the petitioners were prevented by any sufficient cause from appearing when the case was called on for hearing, he may make such order as he may deem fit and proper and in accordance with law.
(3.) This application is, therefore, disposed of with a direction upon the respondent No. 3 to entertain the said application, and in the event the petitioners file an application for condonation of delay, consider the same on its own merit and pass an appropriate order in accordance with law within 8 weeks thereafter, after giving an opportunity of hearing to all concerned. It is made clear that the parties shall be entitled to 'raise all contentions which have been raised by them before this court. Appeal dismissed. ...[VERNACULAR TEXT OMITTED]...;