DISTRICT: MALDA
IN THE WEST BENGAL LAND REFORMS AND TENANCY
TRIBUNAL, BLOCK-EE 3 and 3/1 SECTOR-II, SALT LAKE
CITY, KOLKATA – 700091
MA No. of 2024
In
O.A. No. of 2024 (LRTT)
-And-
In the matter of:.
An application for condonation
of delay
And
In the matter of:
An application under section 5
of the limitation Act.
-And-
In the matter of:
1. Goshto @ Gosto Munda
2. Laxman Munda
both son of Late Birju Munda,
having resident at Kandaran,
P.O- Kandaran, P.S-
2
Chanchal, Dist- Malda PIN-
732139.
3. Namita Oraw @ Orao
W/O Late Basu Oraw @ Orao
4. Mangal @ Manglu Oraw @
Orao, S/O Late Basu Огaw @
Orao
Both are having resident at
Kandaran, P.O- Kandaran,
P.S- Chanchal, Dist- Malda
PIN-732139.
5. Fuliya Oraw @ Orao, W/O
Lt Harimohan Oraw @ Orao,
Having resident at Kandaran,
P.O- Kandaran, P.S- Chanchal
Dist-Malda PIN-732139.
6. Shraban @ Sarban Oraw @
Orao S/O Late Harimohan
Oraw, Having resident at
Kandaran, P¼O- Kandaran,
P¼S- Chanchal, Dist- Malda
PIN-732139.
3
7. Lalmohan Oraw @ Orao
Son of Late Kandra Oraw @
Orao, having resident at
Kandaran, P.O- Kandaran,
P.S- Chanchal , Dist- Malda
PIN-732139.
8. Joylal @ Jaylal Oraw @
Orao, S/O Ramen Chand
Oraw @ Orao, Having resident
at Kandaran, P.O- Kandaran,
P.S- Chanchal, Dist- Malda
PIN-732139.
9. Gobinda @ Gobind
Oranon @Oraw, S/O
Late Ramen Oraw @ Oraon
Having resident at Kandaran,
P.O- Kandaran, P.S- Chanchal
,Dist- Malda PIN-732139.
10. Butna Oraw @ Orao
S/O Late Raman Orao
Having resident at Kandaran,
PO- Kandaran, PS-
4
Chanchal ,Dist- Malda PIN-
732139.
11. Kalicharan Orao @Oraw
12. Bellal @ Belal Orao @
Oraw
All are S/O Lt. Kandona Orao,
having resident at Having
resident at Kandaran, PO-
Kandaran, PS- Chanchal,
Dist- Malda PIN-732139.
13. Sampatiya Kuriari
W/O. Lt. Nimai Muriari
14. Bhanumati Muriari W/O
Bhadra Muriari
Both are residents of Vill. &
P.O. Kandaran, P.S. Chanchal,
Dist. Malda , PIN-732139.
…..Applicants
-Versus-
1. State of West Bengal service
through the Secretary, Land
5
and Land Reforms and
Refugee Relief and
Rehabilitation Dept, Govt. of
West Bengal, Nabanna, 6 th
Floor, 325 Sarat Chatterjee
Road, Mandiratala, Shibpur,
Howrah, PIN-711102.
2. The District Magistrate,
Malda having its office at New
Collectorate Building Malda,
Post- Malda, P.S- English
Bazar, PIN-732101.
3. The Sub Divisional Land
and Land Reform Officer,
Chanchal cum Appellate
Authority under section 54 of
the West Bengal Land Reform
Act 1955, Malda, having its
office at Chanchal , PO and
PS- Chanchal , Dist- Malda,
PIN-732123.
4. Block Land and Land
Reform Officer and Revenue
6
Officer, Chanchal-II Block, PO
– Malatipur, PS- Chanchal,
Dist- Malda, PIN-732123
….. Respondents
The humble application on
behalf of the applicants above
named.
Most respectfully Sheweth:-
1. Your applicants state that the above referred Original
Application have been preferred by the applicants challenging
the appellate order dated 24/03/2023 passed in Appeal No.
252 of 2022 filed by the applicants herein under section 54 of
the West Bengal Land Reform Act 1955. By the impugned
appellate order dated 24/03/2023 , the appellate authority
being the respondent no. 3 in most high handed and illegal
manner had rejected the said appeal of your applicants thereby
negating the prayers of your applicants for necessary
rectification in the existing record of right.
2. That the applicants state that the impugned order passed
by the respondent no. 3 herein is completely contrary to law
and utterly arbitrary.
7
3. That the applicants state that there is 410 days delay
in preferring the Original Application assailing the impugned
order dated 24/03/2023 before this Hon’ble Tribunal and the
delay of 410 days was caused on account of the following
intervening circumstances which are admittedly beyond the
control of the applicants :
a) Applicants did not know about the date of passing the
impugned appellate order immediately as his Ld
Advocate before the appellate authority had told them
that he would communicate the same to them .
b) The applicants were informed about the passing of the
impugned order only at the mid of November 2023 by
his Ld advocate representing before the appellate
authority.
c) The applicants however had enquired about the delay
for informing them about the impugned order when his
Ld Advocate on record before the appellate authority
had intimated that he somehow forget to inform about
the passing of the impugned order in time due to
involvement of some family issues .
d) On getting to know about the impugned order, your
applicants had again contacted with their said Ld
advocate enquiring about the steps to be taken further
8
in this regard when his Ld Advocate on record had
advised them to challenge the said impugned order
before this Hon’ble Tribunal and had also told them to
visit him physically for getting the certified copy of the
impugned order by way of filling application in this
respect . He further told them that to challenge the
impugned order certified copy of the same had to be
obtained.
e) On such advise along with meeting for this purpose with
their Ld Advocate before the Appellate authority , he
had given information of one mohori who can do the
needful for taking out the certified copy . The Ld
Advocate on record before the appellate authority had
also told your applicants to visit him once again after
obtaining certified copy of the impugned order so that
he can hand over the case file of the appeal for taking
further steps. Thereafter on contacting the mohori
before the Appellate authority as given by their said Ld
advocate , the said mohori had told to wait for a while as
he was busy for some personal issues pertaining to
treatment of his family members. On contact by the said
mohori after completing his said engagement , your
applicants had applied for the certified copy and on
9
such application, the certified copy was handed over to
them in the mid of February 2024.
f) After receiving certified copy of the impugned order,
your applicants had at once contacted with his Ld
advocate on record before the appellate authority when
he had informed your applicants to meet him when he
would tell your applicants to visit as the Ld advocate on
record suddenly did not trace out the file of appeal
whereupon the impugned appellate order was passed
and other connected documents from his chamber and
he had been searching the file.
g) After expiry of some time at the mid of March 2024 , the
Ld Advocate on record before the appellate authority
had said your applicants that he could meet him at the
end of March 2024 as he had found all the files relating
to appeal and the Ld advocate , immediately could not
meet him as he had suffered a bereavement in his
family.
h) Your applicants thereafter had meet the Ld Advocate of
the appellate forum at the 1st week April 2024 and
had taken out copies of the documents as was handed
over by the Ld Advocate of appellate forum and the Ld
Advocate had also advised your applicants to contact
10
one Ankita Dey, Advocate of Hon’ble High Court at
Calcutta to have a talk to file the Original Application
before the Hon’ble Tribunal . The Ld Advocate had also
given the number of Miss Ankita Dey , Advocate in this
respect.
i) On contacting at the mid of April 2024 , the said
Advocate namely Ankita Dey of Hon’ble High Court had
said your applicants to visit her with all documents at
the 3rd week of April 2024 as she was out of station
and having a stay at Chennai for treatment of her
family member.
j) After waiting a while , when the applicants had
contacted Miss Ankita Dey, Ld advocate at the end of
April 2024 , she had told that she did not return by then
as she had to remain for some time more for the
treatment of her family member and had advised to have
a different advocate for filling the Original Application.
k) On facing such circumstances , your applicants had
again contacted with their Ld Advocate of the appellate
forum to suggest some other Ld Advocate for filling the
Original Application when their Ld Advocate of
Appellate forum had intimated them that the ld
advocate of the appellate forum would have a talk with
11
their other colleagues of his District Court to get advise
on some other name to file the Original Application.
l) After a while , the Ld advocate on record of the appellate
forum in the 1st week of May 2024 had advised your
applicants to visit the present advocate on record who
can do the needful to file the Original Application
challenging the impugned Appellate order.
m) On getting the phone no. of the present advocate from
their Ld Advocate of appellate forum , your applicants
had contacted with the present Ld Advocate when he
advised your applicants to meet him physically .
n) Your applicants had finally contacted his present Ld
Advocate on 6/05/2024 as in the meantime voting
process was in vogue in their district for Parliament
Election and they had been engaged in this regard .
o) On meeting, your applicants had handed over certified
copies of the impugned order to their present advocate
when on going through the papers , the Ld Advocate had
intimated that the memo of appeal and some deeds are
missing from the record and had advised your
applicants to take it from the Ld advocate of the
appellate forum of your applicants .
12
p) Finally your applicants collecting all documents had
once again visit to the chamber of the present Ld
advocate and had handed over the same after 10th May
2024 and after that the present the Ld Advocate on
record had prepared the Original Application. However
the draft Original application could not be finalize for
filling on account of intervening summer vacation of
High Court and Other forums . On reopening of the
Court and other forum , His Ld Advocate On record has
filed the Original Application before this Hon’ble
Tribunal.
4. That the applicants state that in the entire process there
is a delay of 410 days and the same was caused on account of
sufficient causes as delineated in paragraph 3 which causes
admittedly was beyond their control.
5. That the applicants state that they have a fair chance of
success in the instant lis and for the ends of justice the instant
original application ought to be heard on merit.
6. That the applicants state that there is no deliberate
laches on the part of the applicants for preferring the instant
application and the delay of 410 days was caused only on
account of the circumstances as stated earlier.
13
7. That the instant application is made bona fide and for
the ends of justice.
Under the aforesaid
circumstances, your
applicants most humbly pray
that your Lordship would
graciously be pleased to
condone the delay for 410
days for the interest of
justice.
And
Pass such order or orders as
your Lordship may deem fit
and proper.
And your applicants as in duty bound shall ever pray.
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AFFIDAVIT
I, Goshto @ Gosto Munda ,S/O Lt. Birju Munda, aged about-
60 years ,by faith- Hindu , by occupation- Service , having
resident at Kandaran, PO- Kandaran , PS- Chanchal , Malda
PIN-732139 solemnly affirm and say as follows :
1. That I am the applicant no.1 of the instant application
and as such I am well acquainted with the facts and
circumstances of the case. I have been authorised by rest of the
applicants to affirm the instant affidavit for her and I competent
to swear the same.
2. That the statements made in paragraph 1 to 3 of the
foregoing petition are true to my knowledge and rest are my
respectful submissions before this Hon’ble Tribunal.
Prepared in my office Signature of the Applicant
Advocate Identified by me
Advocate
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DISTRICT: MALDA
IN THE WEST BENGAL LAND
REFORMS AND TENANCY
TRIBUNAL, BLOCK-EE 3 and 3/1
SECTOR-II, SALT LAKE CITY,
KOLKATA – 700 091
MA No. of 2024
In
OA No. of 2024
-And-
In the matter of:
The provisions of the West Bengal
Land Reforms Act and the Rules
framed therein;
-And-
In the matter of:
Goshto @ Gosto Munda and Ors.
….Petitioners
-Versus-
State of West Bengal and Ors.
….Respondents
CONDONATION APPLICATION
AVISHEK PRASAD
Advocate
Bar Association, Room No. 16
High Court, Calcutta.
Mob: 9434457158
Email: avishek.prasad@yahoo.com
