- (1.) Despite service of notice, none of the respondents appears to oppose the writ application when it is taken up for consideration.
(2.) Mr. Chakraborty appearing in support of the writ application has drawn our attention to the error in the order of the learned Tribunal, whereby the learned Tribunal directed the petitioner herein to prefer an appeal by way of reference under Section 9 of the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans & Fishermen Act, 1975 before the District Land & Land Reforms Officer, Cooch Behar. It has been pointed out that the order of the Revenue Officer is not appealable, since he was discharging the functions of Collector under the aforesaid Act vide Notification No. 229 RH/Cal. dated 16th July, 1985. As has been rightly pointed out, by virtue of such notification, the learned Tribunal should have heard out the matter itself, as no appeal lay against the order of the Revenue Officer.
(3.) In such circumstances, we set aside the order passed by the learned Tribunal with a direction upon the learned Tribunal to hear out the matter on merits and to pass a reasoned order within two months from the date of communication of this order.;