M.N. Roy, J. - (1.) This Rule, with the corresponding interim order for stay of further hearing of Misc. Case No. 17 of 1976, for a limited period, which was thereafter extended, was obtained on 18th November 1977, challenging not only the initiation and validity of the determinations in the said Misc. Case but also the validity of the impugned notices in Annexure-B, as issued by the Junior Land Reforms Officer, Kukrahati, Midnapore, being respondent No. 2. It should be noted that the Rule against respondent No. 9. Shri Ram Mohan Chattopadhyay, has been discharged for non-compliance with the Court's order dated 6th December 1976 and Mr. Maity, appearing in support of the Rule, claimed and contended that even in the absence of the said respondent, the Rule can proceed.
(2.) It has been stated by the petitioners that the said Shri Ram Mohan Chattopadhyay, respondent No. 9 and against whom the Rule has been discharged, was the son of Shri Ram Chandra Chattopadhayaya and he got the suit lands including other lands from his paternal grand-father Shri Ram Rakshya Chattopadhyaya by registered Deed of Settlement dated 18th December 1965. The particulars of the concerned deed and so also the description of the suit lands, which measured more or less 581/2, have been mentioned in paragraph 2(a) of the petition. It has also been staled that the suit lands were correctly recorded and finally published, in the revisionsal record of rights in the name of the initial owner Ram Rakshya Chattopadhyaya. It was also the case of the petitioners that the said Shri Ram Mohan Chattopadhyaya was working for gain in Calcutta Police, at the time of issuance of the Rule and taking advantage of his position, he along with the respondent Nos. 8 and 9 tried to dis-posses the said Shri Ram Mohan Chattopadhyaya and at that, he lodged a complaint against those persons before the Deputy Commissioner of Police concerned and the S.P. Midnapore apart from, the Officer-in-Charge, Sutahata Police Station. The persons apart from Shri Ram Mohan Chattopadhyaya, have been claimed to be Sarabashree Ram Sankar Chattopadhyaya and Ram Rakhal Chattopadhyaya, both sons of Ram Rakshya Chattopadhyaya.
(3.) It has been stated by the petitioners that on such happenings a village Solenama was made and all the persons vacated the lands in question, including the paternal house of the respondent No. 9 and thereafter, the said respondent No. 9, sold out of the suit lands measuring 461/2 acres comprising of Plot Nos. 705 and 704 and as mentioned in paragraph 3(a), by a registered Kobala dated 2nd December 1976.;