JUDGEMENT
Prabir Kumar Samanta, J. -
(1.) This writ petition is directed against an order dated 22nd
March, 2006 passed by the West Bengal Land Reforms and Tenancy Tribunal
upholding the authority of the Revenue Officer for issuing, the notice for review
of the proceeding for determination of the ceiling of lands to be retained by the
writ petitioner which was finally disposed of earlier by the Revenue Officer
itself.
(2.) Briefly stated the facts of the case as pleaded are that the petitioner
is the owner and possessor of 6.84 acres of agricultural land including home-
stead situated at Mouza-Baropalasan & Dihipalasan under P.S. Memari in the
District of Burdwan. His wife is also the owner and possessor of 4.67 acres of
land. All such lands are duly recorded in the R.S. Record of Right in the names
of the petitioner and his wife. For the purpose of retention of lands, the family of
the petitioner comprised of four members on the relevant date, such as the
petitioner, his wife and his two unmarried daughters. Two other adult sons who
are the owners and possessor of their respective lands as being separate raiyats
are not included as the family members of the writ petitioner for the purpose of
retention of lands under Chapter II-B of the West Bengal Land Reforms Act,
1955.
(3.) Pursuant to the relevant provisions of Chapter II-B of the said Act,
a proceeding being 7A case No.59 of 1976 under Section 14T(3) of the said Act
was initiated by the concerned Revenue Officer for the purpose of determination
of the ceiling of lands to be retained by him. The petitioner appeared in the said
proceeding and filed a return of his lands under Form 7A. The concerned Revenue
Officer on the basis thereof made a local enquiry and ultimately by his order
dated 29th November, 1976 dropped the proceeding, by holding that on local
enquiry it was found that the raiyat's family consisted of four members Including
the raiyats and the raiyat did not come within the purview of Section 14T of the
West Bengal Land Reforms Act.;
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