Order Sheet Azad

ORDER SHEET (Judgement Copy)
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An applicant namely Sk. Jiaul, S/O- Sk. Sakir of Village - Sekhpura, P.O.- Mathurapur, P.S.- Manikchak, District - Malda, Pin - 732203 has applied u/s 50 of W.B.L.R. Act 1955 for correction of his Record Of Rights ( R.O.R. ) being Mutation case no. MN/0907/1834/2017 dated 09/03/2017 vide Khosh Kobala Deed no. 424 of A.D.S.R. Manikchak dated 29.06.2016.

The notice was duely served. Service Return is attached with the case record.

On the date of hearing ie, on 31/05/2017, the applicant did not appear timely ( as the petitioner was absent ), but on his behalf, the Opposite Party ( O.P. ) - Azad Hossain, S/O- Late Abdur Rashid of Village - Sekhpura, P.O.- Mathurapur, P.S.- Manikchak, District - Malda, ie, the Recorded Seller of that scheduled land ( JL - 57, Mouza - Anathpur, Plot no.- 6, Khatiyan no. 283 ) himself appeared at the time of hearing and filed hazira on behalf of the petitioner.

At the time of hearing, it was revealed from the cerified copy of Plot Information, that the scheduled land in question is partly vested to the State & the rest of the scheduled land is recorded under the names of different raiyats.

As the merginally scheduled land in question is partly vested to the State, therefore a thorough official searching was carried out to look after the names of the raiyats, who were the original holders of that scheduled land at R.S. and K.B. stage.

But in spite of prolonged searching, no such Official records, such as Registrar no.8 ( VIII ), the R.S. R.O.R. and the K.B. records of the raiyat as well, ie, of Late Abdur Rashid ( O.P.'s father ) were found.

During searching, it was unfortunately discovered that the scheduled pages of Registrar no.8 ( VIII ), the R.S. R.O.R. and the K.B. records of that raiyat were badly torned & removed out ignoring the State interest concerned.

Even the Vesting case record and other case related documents ( used for proceeding against the O.P.'s father, Late Abdur Rashid ) were not found at the office archive.

Finally, the name of Abdur Rashid ( identically same as the name of the O.P.'s father, Late Abdur Rashid ) was found. His name was notified in the 7AA Vesting Card of Manikchak Block being Case no. 42/91 along with the proper & specific mentioning of that merginally scheduled land in question.

From another source, I, myself have also managed to collect the photocopy of the vesting notice, being the same Case no. 42/91, which was duely served to Late Abdur Rashid, the O.P.'s father, for the same merginally scheduled land in question during that time.

Therefore it can be inferred deeply that the vesting case record as well as the other important documents ( Register no.8, R.S. R.O.R. & K.B. ) were intentionally removed from the Office with malafide intentions during that time.

It appears from the above mentioned outlines ( as per 7AA Vest Card and the Vesting Notice, being Vesting Case no. 42/91 noted against the name of Abdur Rashid ) that there is every single possibility to reconstruct the Vesting Case no. 42/91 once again, against the merginally scheduled land in question along with other land schedules as well of the raiyat in upcoming days.

Therefore, keeping in mind of the State interest involved, with the presumption of having ample scope to reconstruct the Vesting Case no. 42/91 once again, for further beginning of the vesting proceeding afresh, this instant Mutation case no. MN/0907/1834/2017 dated 09/03/2017 filed u/s 50 of W.B.L.R. Act 1955 is kept adjourned ( decision witheld temporarily until the further determination of total land schedules of the seller and of his father, Late Abdur Rashid, is determined ) so that the Office may serve them fresh vesting notices as early as possible from other available resources as per celing provisions of Section 14(M) of W.B.L.R. Act, 1955.

The applicant may collect the judgement copy of this instant mutation case in the preliminary form whenever necessary but must keep in mind about the principle of resjudicata while applying for the same land schedule to the appeallate authority u/s 54 of W.B.L.R. Act, 1955.

Prescribed Authority
u/s 50 of  W.B.L.R. Act, 1955