Yes, the steps you have taken are legally appropriate and procedurally correct:

Application to BL&LRO for correction of records – Correct first step. Representation after discovering the illegal entry Proper administrative remedy. Approaching the DL&LRO when the BL&LRO did not act Correct escalation. Obtaining direction from DL&LRO for enquiry. This is significant because it creates an official record.
File a detailed written objection during the BL&LRO enquiry.Attach documentary proofs. If BL&LRO does not delete the entry, you can File an appeal/revision before the District Land & Land Reforms Officer, or Approach the Calcutta High Court under Article 226 for quashing the illegal entry.

If the labourer claims he cultivates the land, can he become a bargadar?

Not automatically.

You should collect evidence such as:

Written wage payments or receipts. Statements from neighbours that you manage the orchard. Proof of sale of mangoes or vegetables by you. Electricity bills, fencing expenses, or maintenance records. Photos showing orchard management

The Revenue Inspector may submit an enquiry report, but: He cannot legally create a bargadar right on his own. Final decision must be taken by the BL&LRO after hearing both parties.

you should immediately File written objection before BL&LRO immediately.Produce historic RoR copies (R.S. & L.R.) showing no barga entry.Show orchard photographs and tree age.File affidavit stating Bhavesh is a labourer paid wages.Request spot inspection with notice to you.

Your matter concerns an alleged illegal recording of a bargadar (sharecropper) in the Record-of-Rights. Such entries are governed by the West Bengal Land Reforms Act, 1955 and the procedure followed by the revenue authorities (BL&LRO / DL&LRO). I will address your questions step-wise.

1. Whether the steps taken by you are correct

The steps you have taken so far appear procedurally correct.

You have already:

• Applied to the BL&LRO for correction of the RoR.
• Filed a representation objecting to the illegal Barga entry.
• Approached the DL&LRO, who issued directions to the BL&LRO to rectify the record.
• The BL&LRO has ordered an enquiry.

This is the correct administrative route because the authority responsible for correction of Record-of-Rights is the BL&LRO under Section 50 of the Act.

Your next practical steps should be:

• File a detailed written objection in the enquiry proceedings.
• Produce documentary evidence showing continuous possession and cultivation by you.
• Submit copies of earlier R.S. and L.R. records showing no Barga entry.
• Produce evidence such as photographs, tree age, labour payment details, or witnesses showing that the land is your orchard and not sharecropped land.

If the BL&LRO still refuses to delete the entry despite evidence, you may then:

• file an appeal/revision before the appropriate authority, or
• approach the High Court under Article 226 of the Constitution challenging the illegal recording.

1. If the labourer claims he cultivates the land, can he become a bargadar?

A person does not automatically become a bargadar merely by working on land.

Under Section 2(2) of the West Bengal Land Reforms Act, 1955, a bargadar is a person who:

• cultivates land belonging to another person, and
• delivers a share of the produce to the owner.

A wage labourer hired by the landowner is not a bargadar.

Therefore, if your labourer Bhavesh:

• works on daily wages, and
• does not deliver a share of the produce,

he cannot legally be treated as a bargadar.

Precautions you should take:

• Obtain a written statement or affidavit from the labourer confirming he is only a wage worker.
• Maintain records of payment of wages.
• Produce evidence that you control cultivation decisions and sell the produce yourself.
• Show that the land is mainly an orchard with long-standing mango trees.

1. Can the Revenue Inspector recommend a bargadar without your consent?

Yes, the Revenue Inspector can conduct an enquiry and submit a report, but he cannot legally create or recognise a bargadar arbitrarily.

Recognition of a bargadar must follow the procedure under the Section 21D of the West Bengal Land Reforms Act, 1955 and related rules. This normally requires:

• enquiry by the revenue authority,
• opportunity of hearing to the landowner, and
• evidence that the person actually cultivates the land on share basis.

If a bargadar is recorded without notice or proper enquiry, such entry can be challenged and set aside.

1. Whether Barga entry can be made on orchard (Bagan) land

Generally, land recorded as “Bagan” (orchard) is not typical agricultural sharecropping land.

Sharecropping normally applies where a cultivator grows seasonal crops and shares the produce with the landowner.

If the land consists of mature mango trees planted and maintained by the owner, and cultivation is not done by a sharecropper, then recording a bargadar becomes legally doubtful.

Courts have repeatedly held that mere presence of a person on land or occasional work does not create bargadar rights unless sharecropping is proved.

Important practical advice

During the enquiry you should focus on proving three key facts:

• No bargadar entry existed in earlier records (R.S. and L.R.).
• The land has long-standing mango trees planted and controlled by you.
• The person working on the land is only a wage labourer, not a sharecropper.

Documentary records and consistent statements during the enquiry are very important.

Conclusion

Your steps so far appear appropriate and legally sound. The key stage now is the BL&LRO enquiry. If you present documentary proof that the land is your orchard and that the labourer is merely a wage worker, the illegal Barga entry can be challenged and deleted. If the authority still refuses to rectify the record, you may then pursue statutory remedies or approach the High Court for judicial review.

1) The steps you have taken so far—submitting representations to the BL&LRO, appealing to the DL&LRO, Malda, and obtaining a directive for rectification—are legally correct

2)Since the BL&LRO has already ordered an enquiry on [deleted], you are currently in the formal process of record correction

3)Ensure you are present for the local enquiry ordered by the BL&LRO. Provide all historical records (R.S. and L.R. from 1953) to prove the absence of any Barga entry.

4) the BL&LRO has the power to restore the record to its original position under Section 50(1)(f) of the WBLR Act

5) The Act explicitly excludes "servants or labourers on wages payable in cash or kind" (not as a share of produce) from the definition of personal cultivation and barga status.

Maintain a Wage Register or keep records of payments made to Bhavesh to prove he is a daily-rated or seasonal worker.Collect statements from other local witnesses who can testify that you manage the orchard and Bhavesh only provides manual labour

From the facts described by you, the steps taken so far appear legally appropriate. You first approached the BL&LRO for correction of records, then submitted a representation seeking deletion of the illegal Barga entry, and thereafter escalated the matter before the DL&LRO, who has already directed the BL&LRO to examine and rectify the record. This is the correct administrative hierarchy under the West Bengal Land Reforms Act, 1955. Since the DL&LRO has issued directions, the BL&LRO is legally required to conduct an enquiry and pass a reasoned order regarding the correction of the Record of Rights.
If the BL&LRO does not delete the erroneous entry despite the enquiry, the next legal step would be to file a statutory appeal or revision before the competent authority under the Land Reforms Act, challenging the wrongful entry in the Record of Rights. If administrative remedies fail or there is unreasonable delay, you may also approach the jurisdictional High Court by filing a writ petition seeking directions for correction of the record and deletion of the illegal Barga entry.
Regarding the possibility of the labourer claiming to be a bargadar, mere engagement as a paid labourer does not create bargadar rights. A bargadar under the law is a person who cultivates land belonging to another person on condition of delivering a share of the produce to the owner. If the person is working only as a wage labourer and you retain control over the land, he cannot legally claim the status of a bargadar. It would therefore be advisable to maintain clear evidence that the labourer is engaged only for wages. Such evidence may include payment records, witnesses, or written acknowledgments showing that he works under your supervision and does not cultivate the land independently.
A Revenue Inspector may conduct an enquiry and submit a report regarding cultivation, but he cannot legally create or recognize a bargadar merely on the basis of informal statements without following the statutory procedure prescribed under the Land Reforms Act. Any recognition of a bargadar requires a formal proceeding and lawful recording in the Record of Rights after proper enquiry and notice to the landowner.
In relation to land recorded as “Bagan” (orchard), generally the concept of sharecropping applies to agricultural cultivation where crops are grown and the produce is shared. Orchard land, particularly where mature trees exist and cultivation is not carried out by a sharecropper in the usual sense, is ordinarily not treated as land suitable for Barga recording unless a person is actually cultivating it on a share basis. The existence of old mango trees and occasional vegetable cultivation under the supervision of the owner strengthens the argument that the land is not under sharecropping arrangement.
At this stage, you should fully cooperate in the enquiry conducted by the BL&LRO, produce copies of previous R.S. and L.R. records showing absence of any Barga entry, demonstrate your continuous possession, and clarify that the labourer works only on wages. Maintaining documentary proof of ownership and possession will be important to ensure that the illegal entry is removed from the records.

Under the West Bengal Land Reforms Act, 1955, a Bargadar is a person who:

Cultivates another person's land

Shares the produce with the landowner

If your worker receives daily wages, and

does not share the crop, then legally he is only a labourer, not a bargadar. However, problems arise if he falsely claims that he cultivates independently crops are shared then you should keep wage payment records, produce witnesses confirming he is a labourer. Show that you control the cultivation, show existence of orchard trees, which usually are not cultivated by bargadars. If the land is recorded as “Bagan” (orchard) and contains old fruit trees, it is usually treated as Owner-managed orchard land, not suitable for share-cropping cultivation.

Courts in West Bengal have repeatedly held that Orchard lands with long-standing trees are normally not subject to bargadar rights, because sharecropping mainly applies to cultivable agricultural fields.

Dear client,

According to the West Bengal Land Reforms Act, 1955, the registration of a bargadar (share farmer) must be done through established procedures established by law. Therefore, the steps you have taken to date—submitting your application to The BL & LRO, providing the representation to the DL & LRO, and approaching the DL & LRO—are all valid steps. You will need to frequently follow up with the BL & LRO regarding the DL & LRO's direction for the BL & LRO to make necessary corrections to the Record of Rights (RoR) and participate in inquiries there with supporting documentation including historic R.S and L.R records, tax receipts, and proof of possession.

A labourer working for wages will not simply become a bargadar. If the labourer makes the claim that he cultivates the land on his own, supported by local people where he works, the relevant authority will consult all evidence including records of pay, land ownership/leasing documents and ownership history. If you have evidence of wages paid to your employee and the expenses associated with the cultivation would help to substantiate your defence.

The Revenue Inspector conducts an inquiry and submits a report; however, he cannot provide the bargadar status until following statutory procedures and affording due process.

Barga rights are not usually registered for land designated as “Bagan”, i.e., orchard, because orchards are not land that is typically used for share cropping.

if  you have any query please feel free to contact us 

1. Yes, You are on right track of path. The BLRO after necessary inquiry can pass order for deletion of wrongly entry. 

2. If you have papers to support that he did so on payment of wages then he does not have good case.

3. Yes

4. No