Tarun Chatterjee, J. - (1.) An application under Section 4 of the West Bengal Restoration Alienated Land Act, 1973 (hereinafter referred to as the 'Act') was at the instance of the writ petitioner before the Special Officer, Diamond-Harbour-1, Development Block, 24-Parganas, who is authorised the Act to entertain such application. It appears that the said application under section 4 of the Act was filed in respect of 1.68 acres agricultural land comprising various plots in Khatian No. 44, Moujra Bhaganwanpur, P. S. Diamond Harbour, District-24-Parganas (S). I said application was filed on the ground that the writ petitioner time of transfer to the private respondent has not holding more; two hectares of land and the said land was sold in need of money for maintenance and for maintenance of his family members. The application under section 4 of the Act came to be registered as Case No. 1 of 1975. The Special Officer by a judgment and order dated 20.9.76 rejected the said application under section 4 of the Act holding, inter alia, that the writ petitioner at time of transfer held more than two hectares of land.
(2.) Feeling aggrieved by this order, the writ petitioner filed an appeal being Appeal No. R. A. L. Appeal Case No. 117/76-77 before the Sub-divisional Officer, Diamond Harbour, 24-Parganas (S). By a judgment and order dated 11th of January, 1987, the appellate Authority dismissed the said appeal filed by the writ petitioner mainly on a finding that the writ petitioner could not prove that he and the members of his family held less than one acre of land on the date of filing of the application under section 4(1) of the Act.
(3.) Being aggrieved by the aforesaid two orders passed by the tribunals below, the writ petitioner has come up before this Court under Article 226 of the Constitution for setting aside the said two orders.;