- (1.) THESE Rules were obtained by the state against a common order of the learned appellate officer, directing revision or correction of the record of rights by describing the disputed lands as Beels.
(2.) THAT the disputed lands were beels at the date of preparation of the record of rights is not disputed. But the parties differ on the question whether the same were Beels from before the date of vesting under the West bengal Estates Acquisition Act or converted into Beels after the said date. The Assistant Settlement Officer, who dealt with the matter in the first instance, 'was apparently of the view that the disputed lands were not Beels at the date of vesting, but were converted into Beels after that date and. as, apparently, in his view, the date of vesting was the relevant point of time he refused the opposite parties' application for correction or revision of the record of rights by changing the description of the disputed lands into beels. The petitioners' real grievance was that the learned Assistant Settlement Officer did not allow them am opportunity to adduce full evidence including production of documents and cross-examination of the State's witnesses. The appellate tribunal below, however, being of the view that the relevant point of time would be the date of preparation of the record of rights, allowed the petitioners' appeals and their applications for revision of the record of rights by directing the description of the disputed lands as Beels, upon the view that they having been admittedly Beels at the date of preparation of the said records, no other question would be relevant and the point whether they were Beels at the date of vesting might be left open and undecided. In our opinion, the learned appellate tribunal was in error in its approach, as indicated above. The record of rights which is prepared under the Act is for carrying out the purposes of the Act and the purposes of the act, primarily, at least, have reference to the date of vesting, which is the relevant date for judging the rights of the parties under the Act. The records, therefore, must have reference to the state of things as it exists at the said date of vesting.
(3.) WE would, accordingly, set aside the decision of the learned appellate officer, but at the same time, as we feel that the petitioner's grievance that it had not the full and proper opportunity to place all relevant materials on record either by examination of witnesses or production of documents or otherwise, is sufficiently justified, we would send the matters back to the Assistant Settlement Officer, whose decision also will be set aside, for fresh consideration of the matter as to the nature of the disputed lands at the date of vesting, on the evidence, already on record and on such further evidence as may be adduoed by the parties in support of their respective cases, including cross-examination of witnesses, and production of documents or otherwise, to enable him to record the nature of the disputed lands in the record of rights with reference to the date of vesting and pass appropriate orders, finalizing the same.;