TMI Blog1971 (4) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... es took lease of 11.32 acres out of the plot on the southern side and again on August 25, 1970, took lease of the other 4.18 acres of the plot from the said Touhid Ahmed Khan. Subsequently, Biswanath Nandy, who is opposite party No. 1 in both these cases, filed two applications under Section 8 of the West Bengal Land Reforms Act, 1956, before a Revenue Officer for pre-emption of these transfers in favour of the petitioners -- pre-emption cases Nos. 92/70 and 97/70. Opposite party No. 1 further prayed for an order of ad interim injunction restraining the petitioners from manufacturing bricks, constructing kiln and/or erecting chimney on the lands of which pre-emption was sought and also from changing the character of the lands. The Revenue O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of injunction. Under the West Bengal Land Reforms Act the Revenue Officer has been given certain powers to decide the question of pre-emption under Sections 8, 9 and 10 of the Act. The Revenue Officer has been given the powers as Revenue Officer. He is not designated as a Court there. Section 57 of the Act states that the Revenue Officer shall in dealing with proceedings under the Act exercise the powers of a civil court under the Code of Civil Procedure for the purposes of enforcing the attendance of witnesses and the production of records or documents or in enforcing or executing the orders including an order for restoration of possession as if such orders were decrees of a civil court. Section 57 does not in terms confer on the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Civil Procedure for certain specified purposes. On the terms of Sections 8, 9, 10 and 57 of the Act we cannot hold either that the Revenue Officer is a civil court or that the Revenue Officer has all the powers of a civil court under the Code of Civil Procedure. Mr. Mitter refers to the decision in M. N. Ghosal v. P. K. Banerjee, reported in: 63 CWN 246. There a Bench of this Court held that the Rent Controller under the West Bengal Premises Tenancy Act may issue injunction in exercise of his powers as a court under Section 151 of the Code of Civil Procedure. But the basis of this decision was Section 29(5) of the statute itself where it was specifically said that the Rent Controller in dealing with proceedings under that statute would be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by his officers and to remedy the same. Chatterjee, J. has not specifically said that the Thika Controller has the inherent powers of a civil court under Section 151 of the Code of Civil Procedure. What he has said is that the Thika Controller as a tribunal has the inherent power to correct its own mistakes. But no tribunal can be said to have jurisdiction to make an order of injunction because it has the inherent power to correct its own mistakes. When a tribunal corrects its own mistakes, it acts within its jurisdiction. But no new jurisdiction can be created for a tribunal on the basis of its inherent power to correct its own mistakes. Here in this case to hold that the Revenue Officer has the jurisdiction to issue an injunction will m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent jurisdiction to make an order of injunction. True, during pendency of the preemption proceedings the character of the land sought to be pre-empted may in certain cases undergo some changes; but the remedy for that lies in an expeditious disposal of the proceedings. Whatever other rights or remedies the parties may have in appropriate proceedings in such cases, we hold that the Revenue Officer as a tribunal has no jurisdiction to make an order of injunction either under Section 151 or Order 39 of the Code of Civil Procedure or otherwise. 4. In the result, the Rules are made absolute. The orders of ad interim injunction made by the Revenue Officer on September 29, 1970, in pre-emption case No. 92/70 and on November 10, 1970, in pre-emp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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