অর্ডার শিট u/s 51 A (4)

অর্ডার শিট u/s 51 A (4)

The undersigned has taken up today a fresh suomoto proceeding u/s 51 A(4) of the W.B.L.R. Act of 1955, keeping in view of the judgements of the Appeallate Authority u/s 54 of the above said act of 1955, where the Orders previously passed by the undersigned were set aside with the due process of the law and the undersigned has been further directed to pass a reasoned order, after hearing of the matter in question once again, by giving all materially interested parties ample and equal opportunities, after maintaining of the legal formalities.

The applicant was present before the undersigned in time and filed the hazira. No one else was present on and behalf from the O.P.

After a thorough perusal and proper scrutiny of all the available documents once again and scanning through the field enquiry report submitted by the R.I, the undersigned is of the view that the L.R. Records prepared previously in the name of Chaitali Mandal of Khatiyan no. 872 of Mouza - Rudrapur (JL no. - 45) was erroneous in nature due to submission of the false and wrongly manufactured deed being no. 4909 of 1983 at the time of the hearing of the said mutation case vide mutation no. 9636/12, which was literally out of the knowledge of the Learned Revenue Officer at the time of the hearing and side by side, the suit land schedule in question was never in the actual physical possession of the said wrongly recorded Raiyat.

As the record of rights of the raiyats are being prepared with the strength of the registered deeds backed by their actual physical possession, therefore the previously made mistakes from this end may be corrected further from the undersigned once again via suomoto procedure.

Therefore, the prayer of the petitioner for deletion of the wrongly created R.O.R. of Chaitali Mandal is allowed and the furthur necessary correction is also allowed from this end for the creation, updation and maintenance of records of rights, by deducting the same equal quantum of land from the Khatiyan no. 872 of Raiyat, namely Chaitali Mandal and restoring the same, back to the original possessor of the suit land in question.

Thus, this instant suomoto proceeding u/s 51 A(4) is allowed and is disposed off from the undersigned.

Prescribed Authority
u/s 51 A(4) of W.B.L.R. Act, 1955.