Law 36/19

Order Sheet of Law case 36/2019

Dated from 03.05.19 to 24.10.2019

Where as, it appears that, one, Ranojit Naskar, s/o, late Dasharath Naskar, of Mouza - Arjunpur, JL no. 7, under the P.S. Rajarhat, has filed a petition, for the correction of his R.O.R. on the basis of the solemn order passed by the Hon'ble Tribunal Court, being O.A. no. 2422/2018 (L.R.T.&T), where, no specific direction has been passed upon the undersigned and at the same time, the Hon'ble Tribunal Court has also permitted to withdraw the said O.A. filed by the petitioner, along with a further direction upon him, to file an application before the Appropriate Authority with a liberty at his own risk,

and

Where as, the petitioner has claimed to be the rightful owner of the Warish property,

therefore, considering his prayer for the hearing, the notices are duly served to all of the materially interested parties of the suit plot, by fixing a date of hearing on 24.10.2019 and the service returns are kept attached with the case record.

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

The case is taken up today for hearing and final disposal. The petitioner appeared and produced his documents but the O.P.s did not appear.

After a careful perusal of all of the documents submitted, the following facts have been observed -

As per the Certificate of the Councillor of Ward No. 8 of Bidhan Nagar Municipal Corporation, dated 04.03.2016, along with the Death Certificate of Late Bhadreshwar Naskar produced, the petitioner is claimed to be the nephew of Late Bhadreshwar Naskar.

As per the verbal submission (no documents have been produced in support of the claim) of the petitioner, One, Ram Gopal Naskar had three (3) sons, namely, (i) Bhadreshwar Naskar, (ii) Dasharath Naskar, the father of the petitioner and (iii) Bhagirath Naskar. Bhadreshwar Naskar died, leaving behind no Warish. Similarly, Dasharath Naskar, the father of the petitioner, also died, leaving behind, only the petitioner himself and Bhagirath Naskar died leaving behind five (5) warish.

Now, the petitioner wants to record the an equal half portion of his deceased uncle, ie, of Late Bhadreshwar Naskar, who died, leaving behind no warish to claim the above said property.

Now, as per the computerized L.R. Plot information, dated 25.02.2015, the Plot no. 290 of JL - 7, (Mouza - Arjurnpur, classified as 'Bastu', having the total land of 0.25 acre), was already being recorded under different raiyats namely Asajhyo Naskar, W/O, Bhagirath Naskar (Khatian no. 12/1, having an area of 0.06 acre), Bhadreshwar Naskar, S/O, Ramgopal Naskar (Khatian no. 1713, having an area of 0.06 acre), the petitioner Ranojit Naskar Naskar himself (Khatian no. 1989, having an area of 0.08 acre), and the five (5) other warish of Bhagirath Naskar having 0.01 acre of land recorded against each Khatian.

But, as per the computerized L.R. Plot information of the same plot, dated 19.12.2016, an area of 0.09 acre has been deducted [ from Khatian no. 12/1 (0.06 acre) &  1713 (0.03 acre) ] and transferred to the Khatian 1989 vide mutation case no ............ dated .......  and at present, Khatian 1713 of Bhadreshwar Naskar has left with the remaining area of 0.03 acre, which may be kept for the five (5) warish of Late Bhagirath Naskar, the another brother, which ultimately signifies that, the petitioner, has already recorded his claimed area/ share as the warish property.

Hence, his prayer for further record correction, by deleting the rest of the remaining landed portion is not considered and is hereby rejected and thus, this instant case is disposed of.

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