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.