In Re: Hiralal Bandopadhyaya and Others

G.N. Ray, J.—On the basis of an application u/s 18(1) of the West Bengal Land Reforms Act, a proceeding was started by the Officer appointed u/s 18(1) of the Act. It appears that witnesses were examined on behalf of the applicant claiming to be the bargadar in respect of the land in question and also the opposite party namely the landlord. A local inspection was also held. The Officer so appointed, on consideration of the facts came to the view that the applicant was a bargadar in respect of plots nos. 1544, 1543, 1542, 1605 and 1539 of mouza Sihali measuring an area of 6.91 acres of land. At the end of the order, the said officer has also noted that Officer-in-charge of the Settlement should be informed. Against the said adjudication, the instant revisional application has been moved by the landlord petitioner.

It has been seriously contended that the bargadar applicant having not verified the application u/s 18(1) of the Act, the said application could not have been entertained by the Officer appointed u/s 18(1) of the Act. As such, the said proceeding initiated on an incompetent application and the order passed therein are void and no effect should be given to the said order. In support of the said contention, a decision of this Court made in the case of Santosh Kumar Maity vs. Bhagchas Officer, Sutahata, and others, reported in CHN 162 has been relied. It has been held in the said decision that the rule relevant for making an application u/s 18 of the Land Reforms Act has made it obligatory on the part of the applicant invoking the jurisdiction u/s 18(1) of the Act to make an application not only by signing but also verifying the same. It has been held that Rule 6(1) of the West Bengal Land Reforms (Bargadar Rules), 1965 requires such verification by the applicant and if such verification is not made, then no proceeding u/s 18(1) of the Act can be initiated. It, however, appears that the amendment effected in 1965 has been further amended in 1978 by a Notification No. 3856 L/Ref dated November 17, 1978 published in the Calcutta Gazette (Extra Ordinary), Vol. I dated November 20, 1978. Under the amended Rules, a Bargadar or a person whose land is cultivated by a bargadar may make an application for decision in the matter u/s 18(1) and every such application is required to be Signed by the applicant or if the applicant cannot sign, he is required to put In left thumb impression. Requirement of verification of such application as was introduced by the amendment of 1965 has been changed. In the circumstances, the decision of this Court made on the basis of the Rules as introduced by the amendment of 1965, is no longer applicable and the signed application made by the bargadar without verification is quite valid and the proceeding can be initiated on such application being presented before the Officer authorised u/s 18 of the West Bengal Land Reforms Act. In the circumstances, the contention of the petitioner cannot be accepted that the said application was not competent.

Learned Counsel for the petitioner, however, has contended that the Bhagchas Officer has also directed that the order should be communicated to the Officer-in-charge of Settlement Camp. He has contended that it was not necessary for the said Officer to give such direction In my view, learned Advocate for the petitioner is justified that it is not necessary to direct for communication of the order to the Officer-in-charge of the Settlement Department in the order of adjudication u/s 18 of the Land Reforms Act. It is true that on the basis of the adjudication u/s 18 of the Act, record of rights may be amended to make it up-to-date but for that purpose, administrative order should be passed separately. But for such direction made in the order, the order of adjudication u/s 18 has not become void or invalid. Hence, no interference is called for by this Court under Article 227 of the Constitution. This Rule is, therefore, discharged. There will be no order as to costs.

Let the records be sent down as expeditiously as practicable.