Chittatosh Mookerji, J. - (1.) The petitioners as plaintiffs have instituted Title Suit No. 161 of 1974 against the respondent Nos. 7 to 9 in the Court of the learned Munsif, Second Court, Tamluk for a declaration that they cultivated in khas the plots of land described in the Schedule to the plaint. The defendants had filed their written statements, inter-alia, claiming that they were Bargadars of the suit land. Thereafter, the learned Munsif, Second Court, Tamluk passed the impugned Order No. 32 dated 3rd September, 1975. The learned Munsif by his said order under Section 21(3) of the West Bengal Land Reforms Act, 1955 referred to the authority mentioned under Sub-section (1) of Section 18 of the said Act for decision of the question whether the defendants in the said suit were Bargadars or not. The said order of the learned Munsif under Section 21(3) of the West Bengal Land Reforms Act, 1955 is the subject-matter of challenge in the present Rule.
(2.) Mr. Bhunia, appearing on behalf of the petitioners, has submitted that Sub-section (3) of Section 21 is ultra - vires because the said provision violate the principles of the 'rule of law' which is one of the basic principles of our Constitution. According to Mr. Bhunia, the officers and authorities mentioned in Sub-section (1) of Section 18 of the West Bengal Land Reforms Act do not possess judicial training ; they are appointed and are also removable by the State Government; the provisions of Article 235 of the Constitution are inapplicable to the said officers or authorities mentioned in sub section (1) of Section 18 of the Act; witnesses examined in the proceedings under Section 18 of the Act are not administered oath but nonetheless decision of the officers and authorities under Section 18 of the Act made on the basis of such evidence would be binding upon the Civil Court. According to Mr. Bhunia, such provision is repugnant to the 'rule of law'.
(3.) Before I proceed to examine these contentions raised on behalf of the petitioners, it may be noted that the West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974) had inserted Sub-section (3) of Section 21 of the West Bengal Land Reforms Act and also had amended Sub-section (2) of Section 18 of the said Act. The West Bengal Land Reforms (Amendment) Act, 1974 has been included as Entry No. 183 in the 9th Schedule of the Constitution by the Constitution (Fortieth Amendment) Act, 1976. Therefore, the West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974) enjoys immunity under Article 31 B of the Constitution. It is not therefore open to the petitioners to contend that Section 21(3) of the West Bengal Land Reforms Act takes away or abridges any of their rights conferred by Part III of the Constitution.;