GOPESWAR SETIAR Vs. ADDL COLLECTOR ESTATES ACQUISITION MALDAH

JUDGEMENT

(1.) THESE two rules are directed against an appellate order passed by the learned District Judge of Maldah, sitting as a Tribunal under the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as 'the Act') whereby he remanded two cases to the Revenue Officer for rehearing of objections under section 44 (2a) of the Act.

(2.) THE petitioner was admittedly an intermediary in the District of Maldah, whose estate vested in the State Government under the provisions of the Act. Included within his estate were C. S. Plots Nos. 155 and 179 of Mouza Janglitola ahd C. S. Plot No. 234: of Mahalla Babla.

(3.) THE petitioner alleged that the aforesaid plots were tank fisheries in his khas possession and that he was entitled to retain them under the provisions of section 6 (1) (e) of the Act. The petitioner further alleged that he did file a return in form 'b' (prescribed under the rules framed under the Act) expressing his intention to retain the aforesaid plots as his tank fisheries.