- (1.) IN this application under Article 226 of the Constitution of India, the petitioners, being three several deities represented by shebajt, have challenged the Judgments and Orders dated 14th August, 1976, 16th August, 1976 and 13th October, 1976 in 7a Forms L. R. Case nos. 201, 202 and 203 of 1976 passed by the Revenue Officer, Mahishadal Thana, settlement Camp, the Respondent No. 3, under Section 14 (1) (3) read with Section 14 (M) (5) of the West Bengal Land Reforms act, 1955 (hereinafter referred to as the land Reforms Act. ).
(2.) IN the said impugned Judgments and orders the Revenue Officer held that the family of the shebait has retained land as per ceiling provided by the Land Reforms act and as such the lands owned by the endowment concerned other than of a public nature shall be deemed to be lands owned by the beneficiary and the beneficiary shall be deemed to be a raiyat under the Land Reforms Act, who is not entitled to retain any further land in view of the ceiling provision under the Land Reforms Act.
(3.) THE case of the petitioners is that by a registered Deed of Gift and/or the Arpannama dated 14th July, 1893, one Smt. Bichitrimoyee Dassi, since deceased, gifted and/or dedicated all the lands covered by the said Deed of Gift and/or Arpannama to the three deities being Shri Shri Dayaleswar mahadeb Jiew, Shri Shri Trilochaneswaraksha jiew and Shri Shri Lakshmi janardhan Jiew. In other words, the said donor created an abosolute "debutter" of the said lands in favour of the said deities. The deities became the absolute owners of the dedicated 'property. When the West bengal Estates Acquisition Act, 1953 (hereinafter referred to as the Estates Acquisition act) came Into force, a proceeding was initiated against the petitioners to ascertain whether the said endowment was exclusively for religious purpose or not. The said case was initiated under Section 6 (1 ) (i) of the Estates Acquisition. Act by the Assistant Settlement Officer, Tamluk settlement 'b' Camp, the Respondent No 4.;