Asok Kumar Ganguly, J. - (1.) The subject-matter of challenge in this writ petition is a judgement and order dated 19.12.2001 passed by the West Bengal Land Reforms & Tenancy Tribunal (hereinafter called as the said Tribunal) in O.A.No. 1263 of 2001(LRTT).
(2.) The material facts of the case are that the petitioner, Mahesh Housing Co-operative Society Limited (hereinafter called as the said 'Society'), registered in the month of December, 1963, started acquiring plots of land in Mouza- Mahesh, District - Hooghly. The said Society had acquired about 126 acres of land. The case of the said Society is that it acquired so much of land in order to develop the same for a Housing Scheme.
(3.) The grievance of the said Society is that on 15.12.1997, an order of vesting was passed under the West Bengal Land Reforms Act, 1955 (hereinafter called the said 'Act') against the said Society and a proceeding was initiated under section 14T (3) of the said Act against the said Society treating it as any other 'raiyat' within the meaning of section 14M(e) of the said Act. As such, the ceiling of the said Society was determined as 7 standard hectares corresponding to about 24.22 acres of land. The said 24.22 acres of non-irrigated land in terms of provisions of section 14M(i)(e) of the said Act was allowed to be retained and in respect of the remaining land, namely about 102 acres, an order of vesting was passed as it was held that the said area was beyond the ceiling limit of the said Society. Against the said order of vesting, an appeal was preferred by the said Society under section 54 of the said Act. The appellate authority, in the said appeal (Appeal Case No. 25 of 2000), substantially upheld the order of the Revenue Officer and dismissed the said appeal. The said Society moved the Tribunal against the said decision. The Tribunal, by its judgement and order dated 19.12.2001, however, refused to interfere with the order of the appellate authority by giving certain reasons.;