CIVIL APPEAL None on 13 November 2007

1. Both the learned counsel appearing on behalf ofthe parties to this revisional application arepresent.the parties to this revisional application arepresent.

2. Both the learned counsel appearing on behalf ofthe parties are ad idem of the fact that the issueinvolved in this revisional application relates to theWest Bengal Land Reforms and Tenancy TribunalAct, 1997.the parties are ad idem of the fact that the issueinvolved in this revisional application relates to theWest Bengal Land Reforms and Tenancy TribunalAct, 1997.

3. Conglomeration fact of the provisions of Sections 7, 8 and 9 of the Act clearly excludes the issuesinvolving record of rights. involving record of rights.

4. According to Section 9 of the Act, such record isrequired to be transferred to the Tribunalestablished under the Act for disposal inaccordance with provision of this Act.required to be transferred to the Tribunalestablished under the Act for disposal inaccordance with provision of this Act.

5. But in the case at hand, the revisional applicationhad already been dismissed for default on13.11.2007 and therefore, question of transferringthe applications to the Tribunal does not arise.had already been dismissed for default on13.11.2007 and therefore, question of transferringthe applications to the Tribunal does not arise.

6. After dismissal of the revisional application, CANapplications were filed for restoration as well as forsubstitution of the legal heirs of the parties to therevisional application.applications were filed for restoration as well as forsubstitution of the legal heirs of the parties to therevisional application.

7. In this trying situation, no option is left to thisCourt but to dismiss all the CAN applications withliberty to take steps in accordance with provisionsof the Act.Court but to dismiss all the CAN applications withliberty to take steps in accordance with provisionsof the Act.

8. Urgent photostat certified copy of the order, ifapplied for, be given to the parties on usualundertakings.applied for, be given to the parties on usualundertakings.

9. All parties shall act on the server copy of this orderduly downloaded from the official website of thisCourt.duly downloaded from the official website of thisCourt.

(Bibhas Ranjan De, J.)