Ranjit Mahato LRTT

IN THE WEST BENGAL LAND REFORMS & TENANCY TRIBUNAL,
SALT LAKE, KOLKATA-700091

O.A. No.
of 2016 (LRTT)
IN THE MATTER OF :
Ranjit Mahato & Ors.
Applicants
-Vs.State of West Bengal & Others
Respondents
INDEX
Sl. No. Documents to be relied upon
1.
Application
2.
Photo copy of the R.S.
Parcha, L.R. Parcha
application dated
14.06.2013
3.
Photo copy of the order
dated 07.01.2014
4.
Photo copy of the Memo of
Appeal
5.
Photo copy of the order
sheet of Misc. Case No. 26 of
2014
Annexure
Page
A
B
C
D
E
For use in the Tribunal Office:

Date of Filing
or
Date of Receipt by post
Registration No.
Signature of the Registrar
Signature of the Applicant
Advocate
District: PURULIA
IN THE WEST BENGAL LAND REFORMS & TENANCY TRIBUNAL,
SALT LAKE, KOLKATA-700091
O.A. No.
of 2016 (LRTT)
IN THE MATTER OF :
An application under Section 6
read with Section 10 of the
West
Bengal
Land
Reforms
And Tenancy Tribunal 1997 as

amended upto date
DETAILS OF THE APPLICATION
1.
PARTICULARS OF THE APPLICANTS
Name and address of the 1. Ranjit Mahato son of

Applicants
Late Ambuj Mahato

2. Thelu Mahato son of Late
Mangal Mahato
3. Goshta Mahato son of
Late Mangal Mahato
4. Rabilal Mahato
5. Kaliram Mahato
6. Fatick Mahato
7. Chhutulal Mahato
All
son
of
Late
Dulal
Mahato
8. Rangalal Mahato
9. Madhusudham Mahato
Both
son
of
Late
Kanai
Mahato
All
residing
Fatepur,
2.
at
Village-
P.O.-
Sindai,
P.S.-
District
Fatepur
Barabazar,
Purulia,
Pin-
723121.
PARTICULARS OF THE RESPONDENTS
i) Name and address of the
Respondents
1. The
State
service
through
Land
and
Department,
of
West
the
Bengal
secretary
Land
Reforms
Writers
Building,
Kolkata- 700 001.

2. District Land & Land Reforms
Officer,
P.O.,
P.S.
Purulia, Pin- 723 101.
&
District-
3. Block Land Reforms Officers,

Barabazar,
P.O.
&
P.S.-
Barabazar, District- Purulia, Pin4. Indra
Mahato
son
of
Late
son
of
Late
Baral Mahato
5. Kiriti
Mahato
Haqru Mahato
6. Nandalal Mahato son of Late
Hem Mahato
7. Dhiren Mahato son of Late
Fakir Mahato
8. Pelaram
Mahato son of Late
Chandra Mahato
9. Banu Mahato son of Late Hem
Mahato
10.
Brishaspati Mahato son
of Late Fakir Mahato

11.
Madhu Sudhan Mahato
(since deceased) represented by

his legal heirs
11.a) Smt. Chapu Mahato widow
of Late Madhu Sudhan Mahato
11.b) Kartik Mahato son of Late

Madhu Sudhan Mahato
11.c) Suku Mahato son of Late
Madhu Sudhan Mahato
11.b
and
11.c
represented
are
minor
through
their
mother Chapu Mahato

12.
Raju Mahato son of Late
Shibu Mahato
13.
Shankar Mahato (since
decease)
represented
by
his
legal heirs
13.a) Bhootnath Mahato son of
Late Shankar Mahato
13.b) Lal Mohan Mahato son of
Late Shankar Mahato
14.
Sunil Mahato son of Late
Hem Mahato
15.
Dhananjay Mahato son
of Harku Mahato
16.
Hanulal Mahato son of
Hem Mahato
All are residing at Village-Sindri,

P.O.-
Fatepur
Sindri,
P.S.-
Barabazar, District- Purulia
3.
PARTICULARS OF THE ORDER AGAINST WHICH

THIS APPLICATION IS MADE :In action on the part of the Respondent authorities
to record of right and being aggrived by and dissatisfied
with the order dated 19.11.2015 passed by the District
Land & Land Reforms Officer at Purulia under Section 54
of the West Bengal Land Reforms Act in Misc Appeal No.
26 of 2014 arising out of the order dated 07.01.2014
passed by the B.L. & L.R.O. Barabazar under Section 50
of the WBLR, LR Act, 1955.
4.
JURISDICTION OF THE TRIBUNAL :This application is within the Jurisdiction of this Learned
Tribunal.
5.
LIMITATION :The aforesaid application is out of time, the applicants

herein filing this aforesaid application alongwith an
application for condonation of delay and as such the
petitioner praying for condoning the delay if any and

extend the substantial justice in favour of the applicants.
6.
FACT OF THE CASE :The facts of case are as follows :i.
That your applicants are citizen of India.
ii.
The plot involved in this proceedings is the R.S. Plot

Nos. 1672/1768 measuring 37 decimal of land of
Mouza-Fatepur,
within
the
jurisdiction
of
P.S.-
Barabazar in the District of Purulia.
iii.
Your applicants state that they are in possession

over the property being Dag No. 1672/1768 since
long time in the last R.S. oparation of record of
rights their names have been appeared in Amen
report under Section 44(1A) in case no. 14.
iv.
Your applicants state that under the L.R. Oparation

Record
of
Rights
the
name
of
the
private
respondents recorded as owners in the aforesaid

plot
being
no.
1672/1768
accourdingly
the
applicants lodge a complaint before the concern
police authority and it is partinent to mentioned

herein that the applicatins are all in possession over
the subject land and accordingly the applicants
made an application before the Respondent No. 3 on
14.06.2013 for correction of L.R. Record of Rights
considering amin report in their name.
Photo copy of the amin report and application
dated
14.06.2013
are
annexed
herewith
and
marked as annexure A, B respectively.
v.
Your applicants state that in pursuance of the

application dated 14.06.2013 the respondent no. 3
initiated proceeding under Section 50 of the West
Bengal Land & Land Reform Act, 1955, which had
been being docated as 1897/1 dated 09.12.2013.
vi.
Your applicants state that upon hearing the parties

the
concerned
authority
passed
an
order
on
07.01.2014 whereby he rejected the applicants

dated 14.01.2012 with an observation that the
petitioner involved in the proceeding failed to
produce documentary evidence in support of their
claim.
Photo copy of the order dated 07.01.2014 is

annexed herewith and marked as annexure C.
vii.
Your applicants state that being aggrived by and

dissatisfied with the order dated 07.01.2014 your
applicants filed an appeal before the District Land &
Land Reforms of Purulia Respondent No. 2 under
Section 54 of the West Bengal Land Reforms Act,
1955 being Misc Appeal No. 26 of 2014 alongwith an
application under Section 5 of the Limitation Act for
condonation of delay.
Photo copy of the Memo of Appeal is annexed
herewith and marked as Annexure D.
viii.
Your applicants states that on 13.11.2015 upon

hearing the parties the respondent no. 2 rejected
the appeal being no. 26 of 2014 on Limitation
ground.
Photo copy of the order sheet of Misc. Case
No. 26 of 2014 is annexed herewith and marked as
Annexure E.
ix.
Your applicants state that the concerned authority

most illegally and arbitrarily rejected the said
10
application
on
Limitation
ground.
The
concern
authority failed to consider the doctors medical

prescription that Ambuj Mahato was under his
treatment from 14.02.2014 to 17.02.2014 as he
was also advised to take complete bedrest and on
the said prescription it was mention that he is feet
for resume his duty on and from 18.07.2014.
x.
Your applicants state that the appellate authority

failed to consider that the concern doctor was ready
to aduce evidence to corroboratre that Ambuj
Mahato was sick since 14.02.2014 to 17.07.2014 by
mistake it was written as he was sick and/or under
treatment from 14.02.2014 to 17.02.2014. However
he was feet for resume his duty on or from
18.07.2014 accordingly it is cristal clear that it is by
mistake written that he was sick from 14.02.2014 to
17.02.2014 instead of under his treatment from
14.02.2014 to 17.07.2014.
xi.
Your applicants state that Appellate authority failed

to consider that the applicants have otherwise a
good case on their favour.
11
xii.
Your applicants states that the original plot was plot

no. 1672 and subsequently as as per objection
under section 41 and upon inspection by the then
Badaramin the said plot devided as 1672/1765,
1672/1766, 1672/1767, 1672/1768, 1672/1769,
1672/1770, 1672/1771, 1672/1772, 1672/1673,
1672/1774, 1672/1775 according to possession.
xiii.
Your applicants state that same of the aforesaid

plots are recorded in L.R. Record as per possession
as forceful possession and some of the plots are not
recorded in the name of person who are in
possession like 1672/1767, 1672/1768 and in such
Mouza
may
1672/1767
has
been
adjusted
in
1672/1762.
xiv.
Your applicants craves leave to produce these L.R.

Parcha of 1672/1771 at the time of hearing, if
necessary.
7.
GROUNDS FOR RELIEFS AND LEGAL PROVISIONS :

In view of the facts mentioned in paragraph 6 in subpara
above the applicants praying for following reliefs :-
12
a)
The Respondent authorities be directed to certify

and transmit the records of this case so that a
conseciomable justice may be rendered properly
and immediately by passing an appropriate order
with direction upon the concern Respondents to
correct
LR
Record
of
Right
after
giving
an
opportunity of hearing to the parties in accordance

with law.
b)
The Respondent authorities be directed to consider

and dispose of the representation made by the
applicant being Annexure C to this application.
c)
The Respondent authorities be directed to inpleded

the name of the petitioners in record of right and
reasoned order may be passed to declare Raiyati
Right The above mentioned relief have been sought
for on the following
GROUNDS : I.
For that the learned appellate authority failed to

consider that the applicants have otherwise good
care on their favour.
13
II.
Your applicants state that the concerned authority

most illegally and arbitrarily rejected the said
application
on
Limitation
ground.
The
concern
authority failed to consider the doctors medical

prescription that Ambuj Mahato was under his
treatment from 14.02.2014 to 17.02.2014 as he
was also advised to take complete bedrest and on
the said prescription it was mention that he is feet
for resume his duty on and from 18.07.2014. For
that the Appellant authority is standing on the way
of substantial justice by banking over a technical
defect although time and again the Honble Apex
Court saying that technical defect should ignored to
give substancial justice.
8.
RELIEFS SOUGHT FOR :In view of the facts mentioned in paragraph 6 and the
grounds set forth above in paragraph no. 7, your
applicants pray for the following reliefs :
A)
To set aside the order dated 07.01.2014 passed by

the B.L. & L.R.O. Barabazar as well as the order
dated 19.11.2015 passed by the D.L. & L.R.O.,
Purulia.
14
B)
An order do issue by directing the D.L. & L.R.O.

Purulia to dispose off the Misc. Appeal in its merit
after condoning the delay.
C)
An order do issue by directing the respondent no.2

to dispose off the Misc. Appeal in its merrit as
expeditiously as possible.
D)
To condone the delay to file the instant original

application as averted in the limitation clause i.e.
para no. 5.
E)
An order do issue by directing the respondent

authorities to transmit all records including L.C.R. in
original before this Honble Tribunal so that the
consiable justice may be administered.
F)
An other order or orders, direction or directions may

your Lordship may deem fit and proper.
9.
INTERIM ORDER IF ORDERED FOR :In view of the facts and circumstances an interim order
be passed restraining the private respondents from
15
interfering with the peaceful possession of the land by the

applicant fully described in paragraph 2 to this application
till disposal of this application.
10. DETAILS OF REMEDY EXHAUSTED :This application is for non consideration of the grievance
on the part of the respondent authorities sought by the
applicants before this Learned Tribunal and as such they
have no other alternative remedy for redressal of their
grievances.
11. MATTER NOT FILED OR PROCEEDING WITH ANY
COURT :Your applicants declare that on the self same cause of
action no other application is pending before any court of
law or any other authority or has been rejected by any
court of law or any other authority.
12. DETAILS OF INDEX :An Index in duplicate containing the details of document
to be called upon is enclosed.
13. LIST OF DOCUMENTS :(a)
Application with Court fees of Rs. 50/-.
(b)
Vokalatnama with Court fees of Rs. 10/-.
(c)
Annexure A to F.
16
VERIFICATION
I, Ranjit Mahato, son of Late Ambuj Mahato, by faithHindu, by occupation- Cultivation, aged aboutresiding
at
Village-
Fatepur,
P.O.-
Fatepur
years,
Sindai,
P.S.-
Barabazar, District Purulia, Pin- 723121, do hereby solemnly

affirm and stated as follows :1.
That I am the applicant No. 1 herein and am fully

acquainted with the facts and circumstances of this case.
I have been duly authorised by the other applicants to
swear and sign this verification on their behalf.
2.
That the contents made in paragraphs 1 to 6 and 9 to 10

are true my knowledge and belief and except what are
matter
of
record
and
the
rest
are
my
respectful
submission before this Honble Tribunal. I have not

supposed any material fact and I sign this verification in
this office of my Advocate.
Place :
Date :
________________________________
Know to me and Identified by me
Advocate
To
The Registrar,
Land Reforms & Tenancy Tribunal,
Bikash Bhawan, Salt Lake,
Kolkata- 700 091.
17
IN THE WEST BENGAL LAND REFORMS &

TENANCY TRIBUNAL, SALT LAKE
KOLKATA 700091.
O.A. No.
of 2016 (LRTT)
IN THE MATTER OF :
Ranjit Mahato & Ors.
Applicants
-Vs.State of West Bengal & Others
Respondents
APPLICATION
B.R. SIDHARTH
Advocate
Bar Association Room No.16
High Court Calcutta.

Ranjit Mahato LRTT

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IN THE WEST BENGAL LAND REFORMS & TENANCY TRIBUNAL,

SALT LAKE, KOLKATA-700091

For use in the Tribunal Office:

Signature of the Registrar

Signature of the Applicant

And Tenancy Tribunal 1997 as

PARTICULARS OF THE APPLICANTS

Name and address of the 1. Ranjit Mahato son of

Late Ambuj Mahato

Kolkata- 700 001.

Purulia, Pin- 723 101.

3. Block Land Reforms Officers,

Barabazar, District- Purulia, Pin4. Indra

Mahato son of Late

Brishaspati Mahato son

of Late Fakir Mahato

Madhu Sudhan Mahato

(since deceased) represented by

11.b) Kartik Mahato son of Late

mother Chapu Mahato

Raju Mahato son of Late

Shankar Mahato (since

Sunil Mahato son of Late

Dhananjay Mahato son

Hanulal Mahato son of

All are residing at Village-Sindri,

Barabazar, District- Purulia

PARTICULARS OF THE ORDER AGAINST WHICH

LIMITATION :The aforesaid application is out of time, the applicants

petitioner praying for condoning the delay if any and

FACT OF THE CASE :The facts of case are as follows :i.

That your applicants are citizen of India.

The plot involved in this proceedings is the R.S. Plot

Barabazar in the District of Purulia.

Your applicants state that they are in possession

Your applicants state that under the L.R. Oparation

respondents recorded as owners in the aforesaid

applicants lodge a complaint before the concern

police authority and it is partinent to mentioned

marked as annexure A, B respectively.

Your applicants state that in pursuance of the

Your applicants state that upon hearing the parties

07.01.2014 whereby he rejected the applicants

Photo copy of the order dated 07.01.2014 is

Your applicants state that being aggrived by and

Your applicants states that on 13.11.2015 upon

Your applicants state that the concerned authority

authority failed to consider the doctors medical

Your applicants state that the appellate authority

Your applicants state that Appellate authority failed

Your applicants states that the original plot was plot

Your applicants state that same of the aforesaid

Your applicants craves leave to produce these L.R.

GROUNDS FOR RELIEFS AND LEGAL PROVISIONS :

The Respondent authorities be directed to certify

opportunity of hearing to the parties in accordance

The Respondent authorities be directed to consider

The Respondent authorities be directed to inpleded

For that the learned appellate authority failed to