LAWS(CAL)-2011-8-178

RADHA KRISHNA CHAKRABORTY Vs. STATE OF WEST BENGAL

Decided On August 03, 2011
RADHA KRISHNA CHAKRABORTY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Heard learned Advocates appearing for the parties. Assailing the order dated 30th November, 2007 passed in O.A. No. 3435 of 2005 (LRTT) by learned Tribunal below, this application has been filed.

(2.) Learned Tribunal below did not interfere with the original application moved assailing the order of Appellate Authority under section 54 of the West Bengal Land Reforms Act, 1955 confirming the decision of Revenue Officer who decided easement right in favour of the private respondent, on the ground that a civil suit is pending with reference to subject-matter as initiated by private respondent. It appears from the records that after record of rights was finally published under section 51A of the West Bengal Land Reforms Act, 1955, an application under section 50 of the said Act was filed seeking recording of easement right by private respondent in respect of concerned land and Revenue Officer adjudicated the issue holding local enquiry. It is the basic point of the writ petitioner that under section 50 of the said Act the Revenue Officer had no power of adjudication of easement right as it requires to be done in a declaratory suit by appropriate Civil Court. Section 50(1) of the said Act reads such:-

(3.) On a bare reading of said section, it appears that Revenue Officer had no jurisdiction to decide/adjudicate any right of any parties touching the title of the property as well as the right including easement right, but Revenue Officer only is vested with power to up-date the record-of-rights under the contingency as prescribed thereof which does not require any adjudication, but a ministerial job of recording something which earlier having been adjudicated, as for example alteration of mode of cultivation by bargadar, settlement of land by the Government under section 49 of the said Act, transfer of property by necessary instrument etc. Hence, jurisdiction of Revenue Officer is limited. By any stretch of imagination it cannot be extended to vest power of adjudication of easement right.