State Of W.b v. Murari Mohan Maity And Others

State Of W.b v. Murari Mohan Maity And Others

(Supreme Court Of India)

Civil Appeal No. 3856-62 Of 1982 | 13-03-1996

1. These appeals have been filed on behalf of the State of West Bengal against the order of the High Court dismissing the writ petitions filed on behalf of the appellant-State

2. The respondents claimed settlement on the basis of Amalnamas granted in the year 1955. Thereafter, the revisional survey records of rights were finally published under Section 44(2) of the aforesaid Act showing the settles to be in possession of the lands in question. After 12 years from the final publication of RS records of rights, the Revenue Officer issued notices in purported exercise of power under Section 44(2)(a) of the West Bengal Estates Acquisition Act, 1953 to enquire into the validity of the settlements made in favour of the respondents to the said proceedings. The Revenue Officer held the settlements to be invalid. Being aggrieved by the said order, appeals were preferred before the Tribunal constituted under the Act. The Tribunal examined the controversies on the basis of the materials adduced before the Revenue Officer and came to the conclusion that there was no occasion to come to the conclusion that the eleven finally published Khatians were invalid. The Tribunal also pointed out that the revisional survey records of rights had been prepared after proper enquiries. On the aforesaid findings, the appeals of the respondents were allowed. The High Court in the impugned judgment has pointed out that the decisions which were being challenged in different writ petitions were dependent on the assessment of oral and documentary evidence. It was also pointed out by the High Court that the unregistered Amalnamas had not been accepted as genuine by the Revenue Officer, but the lower appellate court had held that the entries made in the records on the basis of the Amalnamas and other documents were genuine. In this background, there was no occasion for the High Court to interfere with the order of the Tribunal in exercise of its writ jurisdiction. According to us, the High Court was perfectly justified in taking the view aforesaid and we find no reason to differ from the same.

3. The appeals are accordingly dismissed. There shall be no order as to costs.

Advocate List
Bench
  • HON'BLE JUSTICE N. P. SINGH
  • HON'BLE JUSTICE S. C. SEN
Eq Citations
  • (1998) 8 SCC 730
  • LQ/SC/1996/571
Head Note

Land Acquisition Act, 1894 — S. 23 — West Bengal Estates Acquisition Act, 1953 (13 of 1954) — Ss. 4(1), 44(2) and 44(2)(a) — Amalnamas granted in 1955 — Revisional survey records of rights finally published in 1956 showing respondents to be in possession of lands in question — After 12 years, Revenue Officer issued notices in purported exercise of power under S. 44(2)(a) to enquire into validity of settlements made in favour of respondents — Revenue Officer held settlements to be invalid — Appeals preferred before Tribunal constituted under 1953 Act — Tribunal examined controversies on basis of materials adduced before Revenue Officer and came to conclusion that there was no occasion to come to conclusion that finally published Khatians were invalid — Tribunal also pointed out that revisional survey records of rights had been prepared after proper enquiries — On aforesaid findings, appeals of respondents were allowed — High Court pointed out that decisions which were being challenged in different writ petitions were dependent on assessment of oral and documentary evidence — Unregistered Amalnamas had not been accepted as genuine by Revenue Officer, but lower appellate court had held that entries made in records on basis of Amalnamas and other documents were genuine — In this background, held, there was no occasion for High Court to interfere with order of Tribunal in exercise of its writ jurisdiction