Bibek Chaudhuri, J. - (1.) Assailing the order dated 5th October, 2016 passed in M.A No.399 of 2013, arising out of O.A No.2050 of 2012 (LRTT) as well as the order dated 21st January, 2013 in O.A No.2050 of 2012 (LRTT), this application under Article 226 of the Constitution of India has been filed by the applicant of the original application.
(2.) Relevant part of the impugned order dated 5th October, 2016 in M.A No.399 of 2013 runs thus:- "Admittedly the present petitioner claimed that he from the time of his predecessor-in-interest was in forcible possession of the case land over 60 years and that in the process he obtained a title over the same through adverse possession. It is further case that his name was accordingly recorded in the R.S Record of Right under column No.23 as 'Jor Dang' and thereby admitting their forcible possession. It came out from the record that the case lands were reported to be vested to the state during operation of West Bengal Estate Acquisition Act of 1953. Admittedly said vesting of the case land to the State was free from encumbrance. As such the right, if any, of the petitioner from the time of his predecessor-in-interest on the case land through said long uninterrupted adverse possession lost its force in view of the said vesting. It is true that the petitioner took the plea that said vesting was illegal as he was not given any notice of the same but so long the order of vesting is not set aside he is not entitled to get any relief whatsoever even on the strength of said letter dated 19.09.1994. Accordingly this Tribunal at the time of disposal of Main Application gave liberty to the petitioner to obtain the details of vesting from the state respondent for taking further action, if any. In view said order of vesting of case land to the State under the Act of 1953 free from encumbrance, said memo dated 19.09.1994 lost relevancy and as such specific non-mentioning of said memo dated 19.09.1994 had no ultimate bearing in the final order of this Tribunal. ............ In view of the discussions made above, we are of the opinion that the present application for review being M.A No.399 of 2013 has no merit and the same is dismissed on contest"
(3.) It is the case of the petitioner that one Gokul Kumari Devi, since deceased, wife of late Jagdish Kishore Lal Singh was an intermediary and superior owner of RS plot Nos.601, 602 and 606 comprised in R.S khatian No.161, ijja 2 Mouza-Kalipahari, JL No.36 within P.S Asansol, District- Burdwan. For the sake of convenience, the above mentioned landed properties are mentioned as 'case land' hereinbelow. However, the predecessor-in-interest of the present petitioner, namely, Banka Singh and his brothers had been possessing the case land uninterruptedly, continuously and adversely to the interest of the superior owner for more than twenty years before coming into force of the West Bengal Estates Acquisition Act, 1953 (hereinafter 'the said Act') and thereby acquired title over the case land. After the death of the father of the petitioner and his other brothers, he has acquired title over the case land by adverse possession. Further case of the petitioner is that during R.S operation, the names of the father of the petitioner and his three brothers were recorded as 'Anumati Dakhal' in respect of the case land erroneously which prompted them to file an objection case No.54 before the competent authority under Section 44(1) of the said Act praying for recording their names as 'Jabar Dakhal' by correction of Record of Rights. The said objection case having been dismissed, the predecessor-in-interest of the petitioner and his brothers filed an application under Section 44(2a) of the said Act before the Assistant Settlement Officer, Asansol Settlement Camp for correction of the relevant Record of Rights. However, by an order dated 18th January, 1961, the A.S.O, Asansol rejected the said application. Against the said order, the erstwhile occupiers preferred an appeal which was registered as EA Appeal No.271 of 1961 before the learned Additional District Judge, Asansol. The said appeal was disposed of by a judgment and order dated 5th April, 1962 directing the A.S.O to cause necessary correction of the names of the appellants/occupiers in column No.23 as 'Jabar Dakhal'.;