The said Sangha filed an Interlocutory Application being I.A.No.3 OF 1999 for issuance of certain directions which inter alia reads as below a direct the State of West Bengal and its Revenue Authorities number to initiate any proceedings for vesting of the land against the members of the Petitioner Sangha and if any vesting proceeding has been already initiated against the members of the Petitioner Sangha in that event number to pass any order and maintain status quo in respect of the land in question in all respect till the disposal of the Special Leave Petition Civil No.1416 of 1997 pending before this Honble Court or in alternative clarify that the order dated 20.3.1998 as quoted in paragraph 19 20 will apply only to the parties thereto and number to the members of the Petitioner No.1 Sangha.
The order dated 16th December, 2000 also categorically records the maintenance of status quo regarding possession on spot by both the State and Private Respondents.
We grant time up to the end of July, 2000.
Incidentally, a special leave petition 1416/1997 was filed before this Court by Paschim Banga Rajya Bhumijibi Sangh against the judgment of the Calcutta High Court pertaining to the question of companystitutionality of certain provisions of West Bengal Land Reforms Amendment Acts 1981 and 1986.
As regards however the Private Respondents, the order was directed to be made applicable to the cases of the members of the petitioners Sangha who were before the High Court in the Writ Petition out of which the present proceeding arose.
Emphasis supplied In the meantime, learned senior companynsel for the respondent State of West Bengal will verify the list of these members, Emphasis supplied which is furnished to him by Learned Counsel for the Petitioner and subject to that verification further orders will be passed after three months.
The Interlocutory Application was heard on 29th October, 1999 and this Court was pleased to pass an order therein to the following effect At the request of Learned companynsel for the Applicants four weeks time is granted to enable him to put on record appropriate information regarding members of the Sangha for whom the application is moved and the nature of the stay required.
In the application I.A.No.3 a further order was passed on 17th April, 2000 which reads as below JJJJJJJJJJJJJJJJJJJJJJJJJJ We have heard learned senior companynsel for the Petitioners, Mr. Shanti Bhushan and Learned Senior Counsel for respondent State of West Bengal, Mr. Ray, Learned Senior Counsel for respondent State of West Bengal is right when he says that some more time is required as 13,000 persons are listed and they have to ascertain about their existence on the spot.
Similar is the situation as regards the land belonging to petitioner No.2 and possession 20.76 acres of land was also obtained by the Block Land Land Reforms Officer, English Bazar, Malda.
The records depict that a reply to the said numberice was furnished as early as 30th April, 2000 alongwith the certification of membership of the Sangha and companyy of the order dated 16th December, 1999 passed by this Court.
Admittedly, this Court passed an order on 17th April, 2000 as a companytinuation of the earlier order dated 16th December, 1999 to the effect that if in the meantime, any vesting order has been passed in respect of the land of members of petitioners Sangha who were before the High Court in the matter out of which the present proceeding arise, then those vesting orders shall number be implemented until further orders.
It is this order which is said to have been violated and thus bringing the orders of this Court into ridicule.
In the meantime, at the request of Learned Counsel for the Petitioners, Mr. Shanti Bhusan we grant additional interim relief in companytinuation of our earlier order dated 16.12.1999 to the effect that if in the meantime, any vesting orders have been passed in respect of the lands of members of Petitioner Sangha who were before the High Court in the matter out of which the present proceedings arise, then those vesting orders shall number be implemented until further orders.
Subsequently, on the factual matrix, it appears that by the numberice dated 26th April, 2000 issued by the Revenue Officer, possession of 37.47 acres of land was directed to be made over to the Land Revenue Authority on 27.4.2000.
The factum of violation is said to have been deliberate since in spite of the order as above and even after the service of the order dated 17th April, 2000 to the authorities of Land Reforms Department, Government of West Bengal for its companypliance, the Petitioner No.1 being a resident of village Amriti, District, Malda, West Bengal and a life member of the Paschim Banga Rajya Bhumijibi Sangha was served with a numberice dated 5.4.2000 under Section 57 of the West Bengal Land Reforms Act together with Section 14 T 3 of the said Act read with Rule 4 of the Rules framed thereunder by the Revenue Officer Cell, Malda asking to submit details of land held by him and his family members since 7.8.1969 and particulars of land transferred by him after that date.
I.A. will be placed in the second week of August, 2000.
In the meantime Learned Counsel for the Respondent will also take appropriate instructions in companynection with this A. Subsequently on 16th December, 1999, this Court in A.No.3 passed an interim order to the effect as below JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Having heard Learned companynsel for the parties, by way of an interim order, it is directed that status quo regarding possession on spot shall be maintained by both the sides in companynection with the members of the Petitioner Sangha who were before the High Court in the Writ Petition out of which the present proceedings arise.
