Sk. Kenarm vs State of West Bengal and Others

Chittatosh Mookerjee, J.—A proceeding u/s 49(2) of the West Bengal Land Reforms Act has been started against the petitioner on the allegation that the patta settlement in his favour was "obtained through mistake." The Sub-divisional Officer, Diamond Harbour, who as the Revenue Officer u/s 49(2) of the said Act issued the impugned notice (Annexure ''A'') did not give any particular of the said alleged mistake by which putta settlement was obtained by the petitioner. According to the petitioner, inspire of his prayer the Sub-divisional Officer did not furnish the said particulars. The impugned enquiry u/s 49(2) of the West Bengal Land Reforms Act is a quasi judicial one and the person whose settlement is proposed to be cancelled u/s 49(2) of the West Bengal Land Reforms Act ought to be given a reasonable opportunity of hearing. Unless the person proceeded against u/s 49(2) is informed of the grounds on which the settlement in his favour was proposed to be annulled, he cannot effectively contest the proceeding. Therefore the Revenue Officer u/s 49(2) of the Act may record in the order sheet briefly his prima facie opinion why the settlement is proposed to be annulled. Since the impugned notice issued u/s 49(2) of the West Bengal Land Reforms Act did not mention the said grounds, the petitioner was entitled to pray before the Sub-divisional Officer who is also the Revenue officer for furnishing particulars of the alleged mistake in obtaining settlement of the disputed land. I, accordingly, dispose of this application by directing the respondent no. 2 to record reasons for initiating the said enquiry u/s 49(2) and to allow the petitioner to have inspection of the same. In case there was any preliminary enquiry in the matter on the basis of which the said enquiry has been commenced, the petitioner ought to be given an opportunity of obtaining a copy thereof on payment of proper fees. I express no opinion on the merits of the cases of the respective parties in the said pending enquiry u/s 49(2) of the West Bengal Land Reforms Act.

There will be no order as to costs.

Let a copy of this order be prepared by the office and served upon the Sub-divisional Officer, the respondent No. 3, immediately.