Courts‟ jurisdiction could not be said to be barred by Section 61 of the
1955 Act. Accordingly, it was also observed that neither the Tribunal nor
any authority under the 1955 Act has the power to declare the title or
possession of a person, which comes within the exclusive domain of the
Civil Court, due to which the decree of the Civil Court is binding and
cannot be ignored at the drop of a hat by the Tribunal or by any other
forum or authority.
28. In this regard, we are to consider that the 1953 Act and the 1955 Act
envisage two different regimes. As noted in Gorachand Bhunia (supra)3,
upon a notification being issued under Section 4 of the 1953 Act, the
effect of the same, as provided under Section 5 of the said Act, would be
that the concerned estates would vest in the State free from all
incumbrances. Section 57B(2) of the 1953 Act provides that no Civil
WPLRT No. 154 of 2025 (Gorachand Bhunia and others -vs- The State of West
Bengal and others)
WPLRT 3 of 2026 (Naba Kumar Basak Vs. The State of West Bengal and others)
and WPLRT 5 of 2026 (Jayanta Kumar Basak @ Jayanta Basak and others Vs.
The State of West Bengal and others)
2026:CHC-AS:383-DB
Court shall entertain any suit or application concerning any land or any
estate, or any right in such estate, if it relates to-