M.N. Roy, J. - (1.) This Rule with the corresponding interim order, initially for a limited period, was obtained on 17.11.76, against orders made under section 14M (5) read with section 14Q(3) of the West Bengal Land Reforms Act, 1956 (hereinafter referred to as the said Act), and the appellate order dated October 27, 1976, which is in annexure-B. The four deities, Sree Sree Sridhar Jew, Sree Sree Iswaree Durga Mata, Sree Sree Iswaree Kali Mata and Sree Sree Gopal Jew are petitioners Nos. 1 to 4, along with their she baits, Sarbasree Kshetradas Mukherjee, Abhoydas Mukherjee and Sri Durgadas Mukherjee who are petitioner Nos. 5 to 7. It is the case of the petitioners, that by a registered indenture made and executed in the year 1941, by one Manik Lal Mukherjee, since deceased, the properties in issue in this case, were dedicated to the deities as mentioned hereinbefore, for their seva-puja and worship. It has also been stated that on such dedication, the properties in issue, have vested in the petitioner deities and that too exclusively. It has further been averred that that the indenture in question specifically provided that lands in issue, would be vested and dedicated to the deities concerned and, also to be enjoyed by them and usufructs thereof, including all incomes and profits, to be also enjoyed by them. The fact that Respondent Nos. 5 to 7 are present shebaits, is not in dispute. It is also not in dispute that the deed is one and no separate allotment or separate properties have been made, in respect of the deities or in their favour. It further appears form the statement of the petitioners that seva puja of the deities, are performed out of the usufructs of the properties in issue.
(2.) It appears that on or about November 26, 1975, the Revenue Officer, Settlement Project Chanditala, Respondent No. 4, initiated proceeding under section 14M (5) read with section 14Q(3) of the said Act, against one Gopal Krishna Mukherjee, who incidentally was the predecessor-in-interest of the shebait Respondent Nos. 5 to 7. On the death of the said Gokul Krishna Mukherjee, petitioner No. 6 Sri Abhoydas Mukherjee, appeared in the proceeding and the petitioners have alleged that before the conclusion of the proceeding the officer concerned, had made up his mind, to treat the debuttar in question, as a personal property of the said Gokul Krishna Mukherjee. Admittedly, by order dated June 24, 1976, the officer as mentioned above, held the properties in issue, were to be treated as lands belonging to the said Gokul Krishna Mukherjee and ordered that lands measuring 11.03 acres, should vest in the State.
(3.) It has been stated by the petitioners that Gokul Krishna Mukherjee had personal lands amounting to 7.93 acres, which have been succeeded on his death, by those petitioners and such lands fall far short of the necessary ceiling, in terms of the said Act. Admittedly, an appeal was taken from the determinations as mentioned above and such appeal was rejected on October 27, 1976, by the order in annexure-B.;