Dipak Kumar Sen, J. - (1.) The subject matter of the dispute in the present proceedings is 38 acres of land under plot no. 604 in Mouza Purapara, P.S. Suti, District Murshidabad. Raijuddin Momin the petitioner in these proceedings, states that he is the owner of the said land which was purchased by him sometime in 1938 from one Riat Ali with money obtained from his father. Subsequent thereto the said land was converted into a mango garden and the same is still a garden. At all material times the said land had been in the possession of the petitioner's father and after the later's death in the possession of the heirs of the deceased including the petitioner. By a registered Deed of Partition dated the 17th October 1952 (he said land was allotted in the share of the petitioner, who has since been in continuous and exclusive possession thereof.
(2.) Subsequently in Khatian no. 3638 of Mouza Paschim Purapara 19 acres of the said plot has been recorded. The balance 19 acres has been recorded in Khatian no. 597 of Mouza Purapara. In the said Khatians the petitioner's name has been recorded and his title noted but in Khatian no. 597 it is recorded that the same will remain in force till 31st Chaitra 1361 B S. Further, in the same Khatian no. 597 the said 19 acres has been recorded 'Aus' land.
(3.) The petitioner contends that he is a Small cultivator and does not possess land beyond the ceiling No 'Big Rayat' case had been started against him nor any notice under section 10(2) of the West Bengal Estates Acquisition Act, 1953 was served on him. It is alleged that on the strength of the erroneous recording of the said land as 'AUS' land, the Junior Land Reforms officer and his subordinates have threatened to take possession of the said 19 acres of land under Khatian no. 597 and to distribute the same. The petitioner contends that the said land being garden or orchard can not vest in (he State and, even otherwise, the petitioner is entitled to retain the said land in law.;