Talukdar, J. - (1.)This application is directed against an order dated 31st July, 2002 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the 'Tribunal') in T.A. No. 1854 of 2000.
(2.)The grievances of the present petitioner may briefly be stated as follows:
(3.)The present petitioners are the inhabitants of the village-Ballartop. A canal of about 2.92 acres of Mouja Ballartop, J.L. No. 159, Khaitan No.1, Plot No.513, P.S. Basanti, District-24-Par ganas (S) was originally recorded in the C.S. Khatian in the name of Mohes Chandra Land Reclamation & Agricultural Improvement Company Limited as the Zamindar in the C.S. Settlement Records of Rights. The said canal, known as Ballartop Canal, connects Motgoran Canal in its Eastern Side and by taking a'U' turn on the Southern Side of the Motgoran Canal, it is again connected with the said Motgoran Canal in its Western Side. Half of the said Canal in its Eastern Side is in Plot No.513 and the remaining half is in another Plot. The said Canal carries the water of Mouja-chak Pitambar Dutta & Ballartop Mouja and flood water of the said areas are being channeled out through this Ballartop Canal to the Hooghly river. So, the Plot No. 513 was recorded in the Revisional Settlement as of Khatian No. 239, being derived from Khatian No. 1 and classified as 'khal' with the comments 'for outlet of the water and for being used for the Public' and Amritabala Dasi was the owner in respect of 4 annas & 5 gandas.
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