January 20 v. The State of West Bengal & Ors.
Case at a glance
- Bench
- SUVRA GHOSH
Outcome
Disposed of
petition is disposed of directing the 2nd respondent to
Provisions considered
- West Bengal Land Reforms Act, 1955 ss. 50, 50(1)(f)
Judgment
confirmation from the authority that the deed is fake or forged, penal action should be initiated against the wrongdoer by lodging First Information Report with the concerned police station. It is further ordered that the Block Land and Land Reforms Officer shall cancel the mutation proceeding initiated on the basis of the forged document and restore the record to its original position under Section 50(1)(f) of the West Bengal Land Reforms Act, 1955. In terms of the said notification, the petitioner submitted a representation before the concerned authority on 31st August, 2021 for cancellation of the mutation proceeding initiated on the basis of the forged and fake deed. Such representation is yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representation at the earliest. It is submitted on behalf of the State respondents that the petitioner approached the Block Land and Land Reforms Officer, Barasat – II in a proceeding under Section 50 of the West Bengal Land Reforms Act, 1955 and being aggrieved by the order passed by the Block Land and Land Reforms Officer, preferred an appeal before the appellate authority under Section 54 of the Act of 1955.
Operative part
By an order dated 4th July, 2019, the appellate authority held that the 3 genuineness or nullity of the registered instrument ought to be decided by a Civil Court and the parties were granted liberty to approach the appropriate Court of Law for redressal of their grievances. Subsequently, the notification dated 17th January, 2020 was issued pursuant to which the representation was submitted by the petitioner. Learned counsel for the State, in his usual fairness, submits that the said representation be considered by the authority within a stipulated frame of time. Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation of the petitioner dated 31st August, 2021 within a period of two months from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondent, in accordance with law.
WPA 15421 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties on usual undertakings. 4 (Suvra Ghosh, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of directing the 2nd respondent to
Which statutory provisions did this judgment involve?
West Bengal Land Reforms Act, 1955 — ss. 50, 50(1)(f).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.