Amiya Kumar Mookerji, J. - (1.) This Rule is directed against an order of vesting under Section 14 of the West Bengal Land Reforms Act, 1955 passed by the Revenue Officer. It is the case of the petitioner that on 15.6.76 he filed an application before the Sub-Divisional Land Reforms Officer, Kalna, under Section 14N of the said Act for determination as to whether the petitioner's lands are irrigated or non-irrigated and in the said application he also prayed for adjournment of the hearing of 7A proceeding till the decision of the matter. The Revenue Officer, however, did not accede to that request of adjourning the matter, but determined the petitioner's ceiling on the basis that the petitioner's lands were situated in the irrigated area and asked the petitioner to surrender the lands held in excess on the basis of the determination. Mr. Pal appearing on behalf of the petitioner contended that the Revenue Officer is not the authority under law to determine the question of irrigation and non-irrigation in as much as the S.L.R.O. is the competent authority to decide the matter under Section 14N of the said Act and until that matter is finally disposed of, the Revenue Officer cannot determine the proceeding in Form 7A.
(2.) No one appeared no behalf of the respondents. Considering the facts and circumstances of the case the impugned order, which is annexure E to the petition, is set aside. The Revenue Officer shall be at liberty to start a fresh proceeding under Section 14T of the said Act after the disposal of the petitioner's application under Section 14N of the Act. In the result, this Rule is made absolute. Rule made absolute.;