TARASANKAR MONDAL Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1976-7-48
HIGH COURT OF CALCUTTA
Decided on July 28,1976

TARASANKAR MONDAL Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

M.M. Dutt, J. - (1.)In this Rule the petitioners have challenged two notices under Sec. 10(2) of the West Bengal Estates Acquisition Act, 1953.
(2.)The said notices were issued on the footing that in a big raiyat proceeding under Sec. 6(1) of the said Act all the land belonging to the petitioner's predecessor-in-interest Debendra Nath Mondal were directed to be vested in the State by the Revenue Officer. It is contended on behalf of the petitioners that the said order of vesting of all the lands of the said Debendra Nath Mondal is illegal and without jurisdiction and the respondents can not recover possession of all the lands of the petitioners which they have inherited from the said Debendra Nath Mondal, under Sec. 10(2) of the Act. In my opinion, the contention of the petitioners is quite sound. Sec. 6(5) of the Act does not invest the Revenue Officer with a jurisdiction to direct the vesting of all the lands of an intermediary. Even if the intermediary does not appear before him or file a return in form 'B' shill the Revenue Officer can not direct the vesting of all his lands. Sec. 6(5) provides that the Revenue Officer shall, after giving the intermediary an opportunity of being heard, allow him to retain so much of the lands as do not exceed the ceiling prescribed by clauses (c), (d) and (k) of Sec. 6(1). In the instant case the Revenue Officer directed the vesting of all the lands which, in my opinion, is wholly without jurisdiction.
(3.)In the circumstances, the respondents can not be allowed to recover possession of the disputed lands on the basis of order which is illegal and passed in violation of the provisions of Sec. 6(5) of the Act. The impugned notices under Sec. 10(2) of the Act are quashed. Let a Writ in the nature of Certiorari issued in that regard. The petitioners are, however, permitted to file returns in from 'B' to the Revenue Officer concerned within 8 (eight) weeks from date, if any such return is filed within the period mentioned above, the Revenue Officer, shall, after giving the petitioners an opportunity of being heard, allow them to retain such lands as may be permissible under the provisions of the Act. If, however, the petitioners do not file the returns within the time mentioned above, this Rule will stand discharged and the respondents shall be entitled to proceed to recover possession on the basis of fresh notices under Sec. 10(2) of the Act. Subject to this, the Rule is made absolute without any order as to costs. Ride made absolute conditionally.
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