KALIMUDDIN AHMMED Vs. STATE OF WEST BENGAL
LAWS(CAL)-1976-6-7
HIGH COURT OF CALCUTTA
Decided on June 04,1976

KALIMUDDIN AHMMED Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.)THIS Rule is against order No. 45 dated July 19, 1974 granting a stay of the suit filed by the plaintiff petitioner under section 51c of the West Bengal Land Reforms act, 1955, as amended.
(2.)THE plaintiff instituted a suit on december 9, 1970, for declaration of his title to 'ka' schedule lands of the plaint which, it was stated, were his retained properties and also for permanent injunction restraining the State of west Bengal from interfering with his possession thereof. The case was that 'ka' schedule lands of the plaint never belonged to the plaintiff and they were never retained by him though 'ka' schedule lands were retained by him by filing 'b' Form which was allowed by the Revenue Officer, Raigunj. The Revenue Officer, however, illegally treated 'ka' schedule lands as retained lands of the petitioner and the impugned order was passed vesting 'ka' schedule lands in the State. The plaintiff accordingly prayed for declaration of his title to 'ka' schedule lands as retained lands, further for declaration that the plaintiff has no right, title or interest in the 'ka' schedule lands and also that the proceeding before the Revenue Officer, raigunj under section 6 (5) of the West bengal Estates Acquisition Act, 1953 and order vesting 'ka' schedule lands were void.
(3.)THE State of West Bengal contested the suit by filing a written statement wherein it was stated that an area of 2. 42 acres of 'ka' schedule lands was transferred by the plaintiff by a post-vesting kobala dated July 22, 1957 and the said lands were taken into consideration in adjustment of the ceiling of retained lands. As the plaintiff declined to surrender the above quantity of land, the same has been deducted from his retained land and vested in the State and the record of-rights had been framed accordingly.
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