JUDGEMENT
Das, J -
(1.)This is an application in revision on behalf of the debtors & arises out of proceedings under Section 37A, Bengal Agricultural Debtors Act.
(2.)The opposite party purchased the disputed properties in execution of a money decree obtained by them against the petitioners. Thereafter the Govt. issued a notification under the Land Acquisition Act for acquisition of these properties. The properties have since been acquired by the Collector & the opposite parties have been put in possession by the Collector in regard to the plots now in dispute & other plots. Meanwhile, the proceedings before the Board continued & there was an order by the Board holding that the proceedings before the Board were maintainable. This matter came up to this Court in revision. A point was taken before this Court that in view of what had happened since the institution of the proceedings under Section 37A, Bengal Agricultural Debtors Act, the application before the Board was not maintainable & could not proceed. This Court was of opinion that as the proceedings before the Board were in the initial stage the Board would continue the proceedings & determine the merits of the application taking into account the fact that an award has since been made.
(3.)In the meantime proceedings under Section 18, Land Acquisition Act had been taken by the petitioners. In these proceedings it was held that the petitioners have no locus standi to maintain the reference under Section 18. This matter came up before this Court & this Court was of opinion that the petitioners had locus standi to maintain the reference under Section 18, Land Acquisition Act.
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