- (1.) THIS application under Articles 226/227of the Constitution of India is at the instance of State of West Bengal and is directed against order dated 5th December, 2001 passed by the West Bengal Land Reforms and tenancy Tribunal by which the tribunal allowed an application filed by the respondents thereby giving opportunity of retention of the land in terms of section 6 (5) of the West Bengal Estate Acquisition Act.
(2.) THE grievance of the applicant before the Tribunal was that in proceeding under Section 6 (5) of the Estate Acquisition Act, in the name of Kaluruddin Mondal, the father of the present applicant, the Revenue officer passed an order to the effect that all the lands held by Kaluruddin mondal should vest in the State because the return in Form 'b' and the statement in Form - 'i' had not been filed.
(3.) THE Tribunal, on consideration of the materials-on-record, namely, the certified copy of the order passed in the said B. R. Case, came to the conclusion that the Revenue Officer concerned passed an order on 14th september, 1987, to the effect that as the intermediary did not opt to retain land, they could not be allowed to retain any land.;