Law 35/19

Order Sheet of Law Case 35/2019

Ref: O.A. 2232 of 2006

Dated from 06.02.2019 to 24.10.2019.

A compliance proceeding has been initiated, on the basis of an application filed by, one, Hossain Ali Fakir, along with his three (3) brothers, to comply the solemn order passed by the Hon'ble L.R.T.& T. vide O.A. no. 2232 of 2006, where, the Hon'ble Tribunal has directed the undersigned, to treat the application as representation and consider the same in accordance with law and also dispose the same, by passing a reasoned order, after giving the ample of opportunities of being heard, to all of the materially interested parties.

Notices were duely served accordingly and the service returns are kept with the case record.

After carefully going through all of the documents produced at the time of hearing, it has been revealed that, in 2005, the petitioners had filed a prayer of mutation, vide mutation case no. 2560/2005, for recording of their names, on the strength of a registered deed of 1982 being no. 6438, after purchasing the suit land from one vendor, Khoshlal Bibi, W/O, Mohor Ali Mollah, but, their mutation prayers were not considered in their favour, as because, there was no recorded Khatian found in L.R. Plot information against such transferer/vendor, from where their names can further be framed.

The petitioners wanted to record their names from different other L.R khatians, ie, from other different raiyats, who, also, have never transferred the suit land to the petitioners.

The petitioners also produced R.S. R.O.R. from where, they wanted to record their names, but, this is also not under the sole jurisdiction of the undersigned, as beacause, both of the R.S. & L.R. R.O.R.s are already finally published, ie, the said records being framed, have got their finality, having it's own presumptive value along with.

So, at present, there is no scope to entertain this petition, for the incorporation of their names, from this end, but, they have the liberty to move before the Appeallate Authority, for further instructions for their grievance redressal.

Hence, their prayer is hereby rejected and thus, this instant case is disposed of.

Prescribed Authority
U/S 51 A(4) of WBLR Act, 1955