Farman Mondal v. State Of West Bengal And ANR.
Form No.J(2)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side Present : The Hon'ble Mr. Justice Sabyasachi Bhattacharyya & The Hon'ble Mr. Justice Uday Kumar WPLRT No. 111 of 2025 Farman Mondal -vs- The State of West Bengal and another For the petitioner : Mr. Lutful Haque, Mr. Sandeep Chakraborty, Mr. Debabrata Chakraborty, Ms. Taharima Khatun For the respondents : Sk. Md. Galib, Ld. Sr. Govt. Adv., Ms. Munmun Ganguly, Mr. Biswanath Samanta.
Heard on :
August 11, 2025 & August 13, 2025.
Judgment on : August 13, 2025.
Sabyasachi Bhattacharyya, J.:
1. The present dispute arises out of an initial representation by the petitioner for recording of this name as heir of his mother, one Amina Bibi, since deceased, in the records-of-rights.
2. Although originally the State took a stand that a part of the land was vested in the State, subsequently, a report was filed by the Block Land & Land Reforms Officer indicting that it is a raiyati land and, as such, not vested in the State.
3. The learned Tribunal disposed of the matter on the premise that the Block Land & Land Reforms Officer has complied with the decree of the Civil Court, which had been previously been obtained by the petitioner, thereby declaring the right, title and interest of the heirs of Amina Bibi over the concerned plots of lands.
4. Learned Senior Government Advocate appearing for the State submits that the names of the heirs of Amina Bibi have been duly recorded in the records of rights.
5. However, learned counsel for the petitioner objects to the said submission and contends that the recording has not been done in respect of all the plots owned by Amina Bibi and, subsequently, her heirs.
6. Learned Senior Government Advocate further submits, in his usual fairness, that since the initial representation of the petitioner was somewhat vague, if a comprehensive representation is given, disclosing the names of all the heirs
and legal representatives of Amina Bibi as well as the exact plots of lands in respect of which the names of such heirs are required to be recorded, along with supporting documents, the respondent-authorities shall consider the same and take appropriate action in this regard.
7. We find substance in such contention of the learned Senior Government Advocate appearing for the State.
8. Accordingly, WPLRT No. 111 of 2025 is disposed of by directing the petitioner to file a fresh comprehensive representation, clearly disclosing the names of all the heirs and legal representatives of Amina Bibi as well as the particulars of all the lands in respect of which the recording of the names of the heirs is required to be effected.
9. The petitioner shall, along with such representation, furnish copies of supporting documents in respect of the claim of the said heirs and legal representatives for recording their names in respect of the concerned plots of lands.
10.
Such representation shall be filed within three weeks from date. If such comprehensive representation is filed, the respondent authorities shall give adequate opportunity of hearing to all interested parties and come to a reasoned
conclusion in writing, thereby deciding the representation of the petitioner. Such decision shall be communicated to the petitioner and the other interested parties immediately thereafter.
11.
It is expected that such exercise shall be concluded by the respondent-authorities within three months from the date of making of such representation.
12.
It is made clear that the rights and contentions of the parties on merits have not been entered into by this Court with regard to the recording of the names of the heirs and legal representatives of Amina Bibi.
13.
There will be no order as to costs.
14.
Urgent photostat certified copy of the order, if applied for, be supplied to the parties at an early date.
I agree.
(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)