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Supreme Court of India · 08/04/2025

SRI PRASANTA KUMAR PAL & ORS versus THE STATE OF WEST BENGAL & ORS

[2025] 4 S.C.R. 2606 · 2025 INSC 783

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Summary

A registered gift deed of 1967, recorded in the revenue records in 1969, could not be branded a benami transaction two decades later merely because a 1989 amendment to the West Bengal Land Reforms Act, 1955 was given retrospective effect. The Supreme Court held the High Court erred in remitting the ceiling proceedings for fresh examination, since no two views were possible on the undisputed facts, and restored the Tribunal's order setting aside the Revenue Officer's redetermination of surplus land.

Issues

  1. Whether a registered gift deed executed in 1967 by the original landholder in favour of his sons and daughters could be treated as a benami transaction, in surplus-land proceedings reopened under Section 14T(5) of the West Bengal Land Reforms Act, 1955, on the strength of an amendment made two decades later with retrospective effect.
  2. Whether the High Court was justified in setting aside the Tribunal's order and remitting the matter to the Revenue Officer for fresh examination.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 08.09.2021 in W.P.L.R.T. No. 31 of 2020 set aside; the Tribunal's order dated 11.01.2019 in Original Application No. 452 of 2008 restored. Pending applications disposed of. The Court noted that the figures in the pleadings contain apparent errors at several places.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2606.