AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2014 (10) TMI 1051
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....f West Bengal was decided against the Appellants relying on the judgment in case of Ganga Dhar Singh and Ors. v. State of West Bengal and Ors. 1997 (II) CHN 140. 3. The facts giving rise to the present appeals are that the Appellants, presently residents of Dalkola, sub-divisional town in the District of North Dinajpur, West Bengal, had certain ancestral lands in the said town. On 30.3.1956, the West Bengal Land Reforms Act, 1955 came into force and the lands of the Appellants were transferred from State of Bihar to State of West Bengal by virtue of the enactment of Bihar and West Bengal (Transferred Territories) Act, 1956, which came into force w.e.f. 19.10.1956. 4. On 24.09.1958 the West Bengal Transferred Territory (Assimilation of Laws) Act, 1958 was brought into force. The provisions of the West Bengal Land Reforms Act were extended to the transferred Territories by issuing a Notification Under Section 3(3) of the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958. Some of the provisions of the West Bengal Reforms Act were enforced in the transferred Territory. 5. Thereafter, in the year 1971, West Bengal Land Reforms (Amendment) Act was enacted. Section 1....
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....sfer and where the Appellants holds land. Learned Single Judge of the High Court, in the case of Pradip Kumar Maskara being C.R. No. 3465(W) of 1984, allowed quashing of the vesting proceedings on the ground of non-applicability of Chapter II-B of the aforesaid Act to the Transfer Territories in the absence of required Notification. It has been submitted on behalf of the Appellants that aforesaid judgment of Learned Single Judge in the case of Pradip Kumar Maskara was never challenged and attained finality vis-à-vis the State and the present Appellant. 10. In C.R. No. 2001(W) of 1985 preferred by two residents of village Mohanpur, Karandighi, District West Dinajpur, another learned Single Judge of the High Court of Calcutta made the Rule absolute by holding that in the absence of any Notification under the West Bengal Land Reforms Act 1955, Chapter IIB could not be made applicable to the transferred territories. Thereafter, in another case, other learned Single Judge quashed the vesting proceedings following Pradip Kumar Maskara judgment. 11. In the case of Ganga Dhar Singh and Ors. v. State of West Bengal and Ors., reported in (1997) 2 CHN 140, another learned Single Judg....
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....the impugned proceedings Under Section 14T(3) of the West Bengal Land Reforms Act, 1955 being annexure 'B' to the Writ Petition and all orders passed therein cannot be sustained in law and are quashed and the Rule is made absolute to the extent as indicated above without any order as to costs. The order will also cover the other two Rules. 16. Learned senior counsel contended that this judgment vis-à-vis the State and the present Appellants was never challenged and hence has attained finality. However, when the Appellant approached the Land Reforms Tenancy Tribunal for correction in the Record, the Tribunal instead of merely directing the State to correct the Record of Rights, sat in appeal over the aforesaid judgment of the High Court. The Tribunal refused to give effect to the aforesaid judgment on the ground that in view of a subsequent decision in Ganga Dhar (supra), the law laid down in Pradip Kumar Maskara is no longer good law. Learned Counsel drew our attention to Explanation to Rule 1 of Order XLVII of the Code of Civil Procedure, 1908 and the law declared by this Court by referring to its decision in Nand Kishore Ahirwar and Anr. v. Haridas Parsedia and ....
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....red territories. 19. Per contra, Mr. Kalyan Kr. Bandopadhyay, learned senior counsel made submissions on behalf of the Respondents contending that because of Section 3 of Transfer of Territories Act, the transferred territories were merged in the State of West Bengal and became a part and parcel thereof and even the first schedule appended to the Constitution of India was amended, so no further notification Under Section 1(3) of the West Bengal Land Reforms Act was necessary. Further, as the requirement of the provision having been complied with by reason of Notification dated 26th June, 1967, a further notification Under Section 1(3) was not necessary. It has been further contended on behalf of the Respondents that by virtue of notification dated 26th September, 1969, certain provisions of West Bengal Land Reforms Act, 1955 came into force from 1st day of October, 1969 in all the areas transferred from Bihar to West Bengal under the West Bengal (Transfer of Territories) Act, 1956. 20. Learned senior Counsel appearing for the State submitted that the High Court correctly held in the case of Ganga Dhar (supra) that Chapter II-B of the West Bengal Land Reforms (Amendment) Act, 1972....
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....id chapter IIB to the transferred territories the impugned order of vesting Under Section 14T(3) is not sustainable and quashed. The applicant's grievance is that despite such order, no action has been taken by the authority to correct the record of rights. The learned Govt. Representatives have submitted that in Gangadhar Singh v. State of West Bengal reported in (1997) 2 CHN 140 the Division Bench of the High Court held that no notification is necessary to extend chapter-IIB of the Land Reforms Act to the transferred territories. In view of this decision the decision in C.r. No. 3466(W) of 1984 is no longer a good law. It is therefore, evident that the application has been filed without any cause of action, because the High Court has decided that for extension of Chapter -IIB of the transferred territories no notification Under Section 1(3) of the Act is required. The application is dismissed. Let plain copies of this order duly counter signed by the principal Office of the Tribunal be made available for onward Communication to Block Land & Land Reforms Office, Karandighi Circle, Dist. North Dinajpur for compliance and information. Sd/- K.L. Mukhopadhayaya (M) Sd/- ....