Tarun Chatterjee, J. - (1.) By an order dated 15th March, 1988 passed by S. Ahmed, J. C.O. No. 11405 (W)/80 and C. O. No. 7319 (W) of 1986 were heard together. C.O. No. 11405 (W) of 1980 arises out of an application under Article 226 of the Constitution of India, praying for setting aside a Notice issued by the Revenue Officer in a proceeding under Section 14T of the West Bengal Land Reforms Act, 1955 thereinafter referred to as 'The Act') and also for setting aside an order of vesting passed in that Proceeding. Subsequent to the filing of this writ petition being C. O. No. 11405 (W) of 1980 the writ petitioners. In C.O. No. 7319 (W) of 1986 filed an application for addition of parties in this writ petition, i.e. C.O. No. 11405 (W) of 1980 and another application was also filed by the writ petitioners for amendment of the writ petition being C. O. No. 11405 (W) of 1980 praying for setting aside an observation made in Revenue Appeal No. 63 LR of 1981 by the Additional District Magistrate, LR, Midnapur while sending (be appeal back to the Revenue Officer to rehear the same on the observations made in the said appellate order. By an order dated lit October, 1980 the application for addition of parties was allowed by B. C. Roy, J., (as His Lordship then was). However, B. C. Roy, J., while allowing the application for addition of parties on let October, 1980 passed the following order:- "The application tor addition of party is allowed, as prayed for, subject to any objection that may be taken at the time of hearing of the matter".
(2.) So far as the prayer for amendment of the writ petition being C. O. No. 11405 (W) of 1980 is concerned I find that in view of the subsequent event such amendment was necessary to be incorporated in the original writ petition being C. O. No. 11405 (W) of 1980. Accordingly, I allow this application for amendment of the writ petition made in C. O. No. 11405 (W) of 1980, Mr. Sedeeh Bbuian Bhunia, Assisted by Mr.Pinaki Ranjan Mitra, however, also could not oppose the prayer for amendment of the original writ petition made in C. O. No. 11405 (W)/80.
(3.) Originally, in the aforesaid writ petition being C. O. No. 11405 (W) of 1980 a notice under Section 14T of the Act and ao older of vesting passed in Cass No. 775 of 1980 by the Revenue Officer, Midnapur, Settlement Camp were challenged. It appears that sub 8equently the aforesaid order of vesting passed by the Revenue Officer, Midnapur, Settlement Office in Case No. 775 of 1980 was set aside by the Appellate Authority exercising power under Section 54 of the Act. By the amendment of the original writ petition, the aforesaid appellate order has now been challenged by the writ petitioner in this writ petition, only to far ai an observation made by the Appellate Authority while lending the case back to the Revenue Officer is concerned. The said observation of the Appellate Authority made in the aforesaid appeal under Section 54 of the laid Act of 1955 is to the following effect:- "Raiyat shall be given opportunity to retain lands up to the ceiling acoording to the law provided the same have not been permanently settled on raiyati basts." (Emphaiii Added).;