IN THE WEST BENGAL LAND REFORMS AND TENANCY TRIBUNAL

PLOT NO. 3 & 3/1, BLOCK – EE, SECTOR-II,

SALT LAKE, KOLKATA - 700091

An Application Under Section 10 Of The West Bengal Land Reform

And Tenancy Tribunal Act, 1997

O.A No - OF 2021(LRTT)

In the matter of :

ASHOKE KAYAL

............Applicant

-versus-

State Of West Bengal & Others

.........Respondents

INDEX

SL. Description of documents relied upon Annexure Page

NO Nos.
1 Original application
2 Xerox copy of the deed no. 2791 for “A-I”
the year 1990
3 Xerox copies of the deed of power of “A-2”
attorney being no. 257 of 2002 and
registered deed of sale being
no.4609 of 2003
4 Plot information collected from “A-3”
website
5. application along with postal receipt “A-4”

Signature Of The Ld. Advocate

Of The Application

Signature of the Applicant

ADVOCATE ON RECORD

Advocate

Bar association room no. 13

High court, Calcutta
M-983139091
DISTRICT – SOUTH 24 PARGANAS

BEFORE THE WEST BENGAL LAND REFORMS AND TENANCY TRIBUNAL,

BLOCK - EE, 3& 3/1, SECTOR – II,

SALT LAKE CITY, KOLKATA – 700091

An Application Under Section 10 Of The West Bengal Land Reform

And Tenancy Tribunal Act, 1997

O.A No - 2021

An Application Under Section 10 Read With Section 6 Of The West Bengal

Land Reform And Tenancy Tribunal Act, 1997

Name of the parties :

1. ASHOKE KAYAL son of Late Ajit

Kayal of 48/2 Kendua Mohan Road,

P.O – Garia, P.S – Jadavpur, Dist -

South 24 Paraganas, Kolkata –

700084.

……………..Applicant

Vs

1. The State of West Bengal service to

be made through Secretary of State

(Department Of Land & Land Reforms)

office at – nabanna, 323 Sarat

 chatterjee road, mandirtala, Howrah-

711102

2. The district land & land reforms officer

at Alipore , District – south 24

paraganas , treasury building, 8th

floor, alipore, Pin – 700027.

3. The Sub – Divisional Land & Land

Reforms Officer at Alipore , P.O+P.S –

Alipore, District – south 24 paraganas ,

treasury building, 6th floor, alipore, Pin

– 700027

4. The Block Land & Land Reforms

Officers at Sonarpur , P.O+P.S –

Sonarpur, District – South 24

paraganas, Pin – 7700150

5. Dilip Kumar Mandal Sons Of Late

Panchu Gopal Mondal, Of Chandpur

(Kalikapur) , P.S – Sonarpur, District –

South 24 Paraganas, Pin – 700150.

6. Subodh Shaw Son Of Seu Charan

Shaw Of 100c Dr. Durga Charan Road,

Kolkata – 700014.

7. Phanibhusan Mandal Son Of Late

Abhay Charan Mandal Of Kalikapur,

Chandpur, P.S - Sonarpur, Dist – South

24 Paraganas, Pin – 700150.

……………. Respondents
1. DETAILS OF THE APPLICATION :-

This application is directed against the inaction on the part of the Block

Land And Land Reforms officer at Sonarpur by not take step to record

the name of the applicant in the present L.R Record of right pursuant

the application for recording the name of the application submitted

through speed post and keeping pending the same for disposal.

2. JURISDICTION :-

This application is within the jurisdiction of the Hon’ble Tribunal as the

remedy available under the provisions of the specified West Bengal

Land Reforms Act, 1955.

3. LIMITATION:-

This application is within the limitation period as the Block Land & Land

Reforms Officer has not taken step to hear and dispose of the said

application up till date and kept the matter pending for disposal.

4. FACT OF THE CASE :-

i. That your applicant beg to states that the plot of land being plot

R.S plot no, 345 converted to L.R Plot No. 399 area about

77decimals and R.S Plot No. 346 converted to L.R Plot No. 401

area about 2.05 acres of mouza chandpur J.L. No. 20 were

belonged to Pulin Behari Mandal, Gopal Chandra Mandal and ors

of village Champahati, Dist – South 24 Parganas. The said Pulin

Behari Mandal, Gopal Chandra Mandal, Goura Chandra Sardar,

Sachibala Gayan and Mangala Sardar jointly sold 38½ decimals of

land in the aforesaid R.S Plot No- 345 converted to L.R Plot No

399 and 102½ acre of land in R.S Plot No 346 converted to L.R
 plot No. 401 of mouza chandpur J.L No. 20 to Panchu Gopal

Mandal and Bimal Chandra Mandal through registered deed of

sale being deed no. 2171 for the year 1972 and thus Panchu

Gopal Mandal and Bimal Chandra Mandal both had become the

owner of equal eight annas share each against the area 38 ½

decimals in plot no. 345 and against the area 102 ½ acre in plot

no 346 of mouza Chandpur by virtue of the said deed of purchase

Panchu Gopal Mandal became the owner of 19 ¼ decimal of

land in R.S Plot No. 345 and 51 ¼ decimals of land in R.S Plot No

346 Panchu Gopal Mandal died intestate leaving behind him his

two sons Dilip Kumar Mandal and Netai Kumar Mandal and four

daughter 1. Menaka Naskar 2. Sarala Naskar 3. Parul Naskar And

4. Debala Mandal as his only legal heirs and representative. The

aforesaid daughters of Pachu Gopal Mandal namely Menaka

Naskar, Sarala Naskar, Parul Naskar And Debala Mandal sold their

share to their brothers. Dilip Kumar Mandal and Netai Kumar

Mandal through registered deed of sale being deed no. 2791 for

the year 1990. Thus the said Dilip Kumar Mandal has became the

owner 9625 decimals in R.S Plot No. 345 converted to L.R Plot No.

399 and 25.625 and 25 ¼ decimals in R.S Plot No. 346

converted L.R Plot No. 401 of mouza Chandpur J.L No. 20.

Xerox copies of the deed no. 2171 for the year 1972 and the deed

no. 2791 for the year 1990 are annexed herewith and marked

with the letter – “A-I” .

ii. That your applicant states that, aforesaid Dilip Kumar Mandal sold

I kattah of land in R.S Plot No. 345 and 3 kattahs of land in R.S

Plot No. 346 of mouza Chandpur in both two plots equivalent to

660 decimals of land to Subodh Shaw through registered deed of

sale being deed no 7963 for the year 1997 and thus the aforesaid
 Subhodh Shaw became the absolute owner of 4 kathas of land in

the aforesaid two plots. Being L.R Plot No. 399 and L.R Plots No.

401. Thereafter the aforesaid Subodh Shaw sold ½ kattah of land

in L.R Plot No. 399 and 1 ½ plot of land in L.R Plot No. 401 to the

applicant through his registered Power Of Attorney namely

Phanibhusan Mandal through registered deed of sale being deed

No. 4609 for the year 2003 with the deed of registered power of

attorney being deed No. 257 for the year 2002 and according the

application has became the owner of ½ kattah land in R.S Plots

No. 345 converted to L.R Plot No. 399 and 1 ½ kattah land in R.S

Plot No. 346 converted in L.R Plot No. 401 of mouza Chandpur J.L

No. 20 and since the date of purchase your applicant has been

maintaining his right title interest and possession over the said

purchased land free from all encumbrances.

Xerox copies of the deed of power of attorney being no. 257 of

2002 and registered deed of sale being no.4609 of 2003 are

annexed herewith and marked with letter “A-2”

iii. That your applicant states that from the plot information collected

from the website of land and land reform and refugee relief and

rehabilitation department that Dilip Kumar Mandal is still the

recorded owner of 26 decimals of land in L.R Plot No. 401 out of

its area 2.05 acres with share 1178 in mouza Chandpur J.L No. 20

but in L.R Plot No. 399 his name is not appeared through he is the

owner of 9.625 decimals of land.

Plot information collected from website are annexed with the

letter A-3.
iv. That your applicant states that, your applicant several time

appeared before the office of the BL&LRO Sonarpur to submit the

application for recoding his name as per his deed of purchase but

the office of the BLLRO refused to receive the same and having

found no alternative your application has sent the representation

for recording his name through speed post on 08.03.2021 but till

date no any step has been taken by the office of the BLLRO

Sonarpur and said application is still kept pending.

Xerox copy of the said application along with postal receipt are

annexed herewith and mark letter with ”A-4”.

v. That your applicant states that the name of the private

respondent no-5 is still appeared in the L.R record of right with 26

decimals of land in L.R Plot No.401 of mouza chandpur and thus

the applicant is entitled to get recording of this name against 1 ½

kattahs of land in LR Plot No. 401 equivalent to 247 decimals of

land in LR Plot No. 399 the applicant is entitled to be recorded as

the raiyat against ½ land in according with his deed of purchase.

The application of the applicant should not be kept pending.

vi. That your applicant states humbly submits that the aforesaid in

action on the past of the BLLRO is nothing but baseless not

sustainable in law and against principles of nature of justice. The

applicant is entitled to be heard and his application should be

disposed of in accordance with law.

vii. That the aforesaid activities of the respondent authorities are the

violation of the provisions of the West Bengal Land Reforms Act

1955 and the rules framed there under as well as the violations of

the provisions of article 12, 19, 21 of the constitution of India.

5. GROUND FOR RELIEF :

i. For that Dilip Kumar Mandal the predecessor of the applicant

purchased the aforesaid plots of lands through registered deed of

sale and became the absolute owner according to his share.

ii. For that the private respondent no. 5 became the owner of the said

plots of land as one of the legal heirs of Panchu Gopal Mandal and

by virtue of the deed of purchase from the sisters the other legal

heirs of Panchu Gopal Mandal.

iii. For that Dilip Kumar Mandal sold 4 kattahs of land in L.R Plots No.

399 and LR Plots No. 401 of mouza Chandpur J.L No. 20 through

registered deed of sale to Subodh Shaw and Subodh Shaw sold 2

kattahs of land in the said two plots to your applicant through

registered deed of sale. Dilip Kumar Mandal is still appeared as the

recorded raiyat in L.R Plot No. 401 with 26 decimals of land.

iv. For that the applicant is entitled to be recorded as the raiyat against

the said two plots of land with area more or less .330 decimal of

land by virtue of his deed of purchase.

v. For that the representation/application submitted by applicant

should be heard considered and disposed of but the respondent no.

4 has kept the application pending up till date.

vi. For that the aforesaid activities of the respondent authorities are

nothing but baseless malafide, concocted, not sustainable in law

and against principles of not natural justice.

vii. For that the aforesaid activities of the respondent authorities are

the violation of the provisions of the West Bengal Land Reforms Act

1955 and rules formed there under as well as Article 12 , 19, 21 of

the Constitution of India.

8. RELIEF SOUGHT FOR :

i. A direction upon the BLLRO Sonapur to hear, consider and dispose of

the application for recording the name of the applicant pursuant to

his registered deed of purchase both in L.R Plot No. 399 and LR Plot

No. 401 with area 2 kattas of land equivalent to .033 decimals of

land after giving an opportunity of hearing to all the interested

parties.

ii. A direction upon the Block Land and Land Reforms Officer Sonarpur to

make an enquiry regarding present status of the private respondents

against the said land after enquiry record the name of the applicant

against not those plots of land according to his registered deed of

purchase in accordance with law.

6. INTERIM ORDER IF ANY :

A interim order restraining the respondents including the private

respondents from interfering with the peaceful possession of the

applicant against the land mentioned in the application till the dispose

of this original application.

VERIFICATION

I, ASHOKE KAYAL ,aged about____years, by faith – hindu, by occupation

– Labour, residing at 48/2 Kendua Mohan Road, P.O. Garia, P.S. –

Jadavpur, District- South 24 Paraganas, of the instant application and

also do hereby verify and say that the contents of the paragraph Nos.

1 to 7 are true to my knowledge and information except para no. 5

which are my respectful submissions before this Learned Tribunal and I

have not suppressed any material fact before this Learned Tribunal.

Prepared in my office

Signature of the applicant

Advocate Identified by me

Advocate