Satyabrata Sinha, J. - (1.) A question with regard to the interpretation of the 'Explanation' inserted in Section 3(b) (iiXa) in the West Bengal Act No. LVI of 1980 is involved in this writ application.
(2.) The aforementioned question arises in the following circumstances:- The respondent No. 4 sold .27 acres of land of R. S. Dag No. 94 appertaining to Khatian No. 21 of Mouza Dhobaberia, by a registered deed of sale dated 9.9.1974 and delivered possession thereof. Allegedly, the said land had been sold for purchasing more profitable land in another district. The petitioner's case is that in fact such purchase had also been made by respondent No. 4 by a sale deed dated 4.3.1971 from one Sukumar Sahoo as contained in Annexure 'A' to the writ application. The respondent No. 4 was the second transferor.
(3.) An application was made by respondent No. 4 before the respondent No. 2 herein for restoration of the said land purported to be in terms of Section 4(1) of the West Bengal Restoration of Alienated Land Act, 1973 as allegedly the first transferor was not inclined to file such application. The said proceedings was registered as R. A. L. case No. 337/78-79. A specific objection was raised by the petitioner that the said application was not maintainable. The said application, was dismissed on the ground that the petitioner being not a first transferor, the said Act has no application in the said case.;