K. Ramaswamy, J. - (1.) Special leave granted.
(2.) This appeal arises against the judgment dated October 8, 1991 of the Division Bench of the Calcutta High Court made in F.M.A.T. No. 22532 of 1991. The first respondent, a limited Company filed under Art. 226 of the Constitution of India Civil Order No. 16339(W) of 1988 for a mandamus to refrain the appellants from giving effect to the vesting of the lands in Dag No. 1, Khatian No. 10, Tauzi No. 56, J.L. No. 26, Mouza Chowkgaria within P. S. Kasba, admeasuring 128.40 acres and to take possession of tank fisheries lying therein pursuant to the provisions of West Bengal Estate Acquisition Act, 1953, Act 1 of 1954, for short 'the Act'. The learned single Judge directed an action under S. 10(2) of the Act after giving an opportunity to the respondents and to take possession of the said lands pursuant thereto. On appeal the Division Bench in the impugned judgment held that the appellants should take action under the West Bengal Land Reforms Act, 1955 within a period of two months from the date of the said judgment and on its failure, the respondents would be at liberty to deal with and dispose of the lands in its own manner. Until then the appellants were restrained to take possession of the land. Feeling aggrieved against the said direction the above appeal under Art. 136 has been filed.
(3.) The Revenue Officer found from finally published record of rights that the lands in question were classified as 'Beel' (marshy land) and tank fisheries would be classified as 'Beel Mash Khas'. The learned single Judge and the Division Bench of the High Court found that when the Revenue Officer initiated proceedings to revise the old Jama Rs. 1230/-9 Annas in three Jamas of Rs. 1, 188 and odd in Khata No. 102; Rs. 396 and odd in Khata No. 128 and Rs. 3024 and odd in Khata No. 131, the respondent succeeded in his appeal under S. 44(3) of the Act holding the lands to be 'Tank fisheries' and that, therefore, old Jama was to be maintained. So the Division Bench directed to take action under Land Reforms Act.;