Bankim Chandra Roy, J. - (1.) The only grievance of the petitioner in this application is that while determining the ceiling of the land which the petitioner is entitled to retain under the provisions of section 14M of the West Bengal Land Reforms Act as a raiyat certain lands which according to the petitioner are not actually getting any water from any State Canal Irrigation Project or State (Power Driven) Deep Tube well or State River-lift Irrigation Project, have been included or have been treated as being situated within the irrigated area and as a result he has been allowed to retain lands much less than what he is entitled to retain as these lands, according to him, are situated in non-irrigated area. Mrs.Gupta, learned Advocate appearing on behalf of the State, has drawn the attention of the Court to the affidavit-in-opposition where it has been stated that by a Notification No. 7352-L, Ref. Calcutta, dated 1.7.71 that these lands of the petitioner were determined by the Revenue Officer as being situated within the irrigated area. It does not appear from the determination as made by the Revenue Officer that the Officer has made the determination as required under the provisions of section 14K(d) of the West Bengal Land Reforms Act, 1955.
(2.) In these circumstances it is considered just and proper to dispose of this application by directing the Revenue Officer to rehear the matter and to determine in the light of the provisions of section 14K(d) of the said Act whether the lands of the petitioner and which p icular lands of the petitioner are situated within the command area in accordance with the aforesaid notification. The Revenue Officer will also further determine whether these lands are capable of being irrigated at any time during the agricultural year commencing on the first day of Baisakh, 1377 B. S. from any State Canal Irrigation Project or State (Power Driven) Deep Tube-well or State River-lift Irrigation Project. After determination of this question the Revenue Officer will determine the quantum of lands the petitioner is entitled to retain in accordance with the provisions of section 14M of the West Bengal Land Reforms Act, 1955.
(3.) Till this determination as stated hereinbefore is made the order that has been made by the Revenue Officer shall not be given effect to and the Revenue Officer shall not take possession of any of the lands of the petitioner and shall not settle any of these lands with others pending determination in respect of that land. The application is, thus, disposed of. In making the determination the Revenue Officer will give the petitioner a reasonable opportunity of hearing.;