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2014 (10) TMI 1051 - SC - Indian LawsWhether Chapter IIB of the West Bengal Land Reforms Act would be applicable qua the Appellants in view of the fact that they belonged to a place which was in erstwhile State of Bihar and by virtue of the State Reorganisation Act, their lands were included in the State of West Bengal? - HELD THAT:- The land in question was transferred from the State of Bihar to the State of West Bengal pursuant to the enactment of Bihar and West Bengal (Transferred Territories) Act, 1956 and the provisions of West Bengal Land Reforms Act were extended to the transferred territories. Consequently, the land in question was shown to have been vested in the State and the Appellant challenged the said order of vesting by filing a writ petition being CR No. 3466 of 1984. The said writ petition was allowed by the Calcutta High Court in terms of Order dated 25.11.1994 and the said order of vesting was quashed on the ground of non applicability of Chapter IIB of the aforesaid Act. It is well settled that even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the single judge has taken contrary view. That does not confer jurisdiction upon the tribunal to ignore the judgment and direction of the High Court given in the case of the Appellants. The High Court also fell in error in affirming the order of the tribunal, hence these orders cannot be sustained in law - Appeal allowed - decided in favor of appellant.
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