Ayyangar, J. - (1.) These two appeals by special leave arise out of a single judgment of the High Court at Calcutta. That judgment was rendered in a petition under Art. 227 filed by the Appellant in Civil Appeal No. 105 of 1960.
(2.) The proceedings out of which the appeals arise was an application made by Mhahendra Nath Ghughu (whom we shall refer to as the respondent)before the Assistant Settlement Officers 24, Parganas, objecting to certain entries in a draft Record-of-rights prepared and published under the West Bengal Estates Acquisition Act, 1953 (Act I of 1954) relating to Niraban Chandra Bag (to be referred to as the appellant). Section 44(1) of that Act enacts: 44(1):When a record-of-rights has been prepared or revised, the Revenue officer shale publish a draft of the record so prepared or revised in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication. (2) When all such objections have been considered and disposed of according to such rules as the State Government may make in this behalf the Revenue Officer shall finally frame the record and cause such record to be finally published in the prescribed manner and make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same under his name and official designation. (3) Any person aggrieved by an order passed by a Revenue Officer on any objection made under the sub-section (1) may appeal in the prescribed manner to a tribunal appointed for the purpose of this Section, and within such period and on payment of such court fees as may be prescribed.
(3.) A draft record-of-rights had been prepared in respect of lands in the village of Howrahmari and it was left for public inspection as prescribed by the rules.;