ASHIM RANJAN DAS Vs. SHIBU BODHAK & ORS

JUDGEMENT

(1.) One Krishna Pada Supai (for short 'KPS') was holder and in possession of land under an ex-intermediary Kali Charan Pramanick. The land is stated to have been duly recorded in the name of KPS in the Records of Rights of Mauza Jogatipota, P.S. Sonarpur, being R.S. Khatian No.15 of Mauza Jagatipota, West Bengal. In the year 1962, 14.89 acres of land held by KPS was transferred to two persons - Jitendra Lal Paul (8.26 acres) and Golap Bala Saha Mondal (6.63 acres). The origination of the dispute is the proceedings suo moto initiated by the concerned Revenue Officer under Section 44(2a) of the West Bengal Estate Acquisition Act, 1953 (hereinafter referred to the 'Acquisition Act'). In order to appreciate the nature of proceedings, it is necessary to give a small overview of the Acquisition Act. The preamble to the Acquisition Act states as under:

(2.) Section 2(i) of the Acquisition Act defines "intermediary" and reads as under:

(3.) Chapter II of the Acquisition Act provides for "Acquisition of estates and of the rights of intermediaries therein". The relevant provision is as under: