RATNAKAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners were raiyats in respect of certain agricultural and non-agricultural lands. Their interest as raiyats vested in the State Government, when Chapter VI of the West Bengal Estates Acquisition Act (hereinafter referred to as the Act) came in force on April 10, 1956. Long prior to that date and even prior to the date when the Act (excepting Chapter VI) came into operation, the petitioners had made transfers of certain plots of land, held by them as raiyats, in favour of one or other of the opposite party nos. 3 to 5, as hereinbelow detailed :- (a) On June 2, 1953, the petitioners sold to Gulnehernessa Bibi (opposite party No. 5) plots Nos. 2463 and 2546 of Mouza Ahiran, in all measuring. 29 acre. (b) On June 2, 1953, the petitioners sold to Pagal Ghosh (Opposite Party No. 4) plots Nos. 1563 and 3045 of Mouza Ahiran, in all measuring 1. 06 acre. (c) On July 8, 1953, the petitioners sold to Jogendra Nath Saha (opposite party No. 3) plots Nos. 413, 436, 560 and 390 of Mouza Ahiran, in all measuring 4. 03 acre.

(2.) AFTER the vesting of their raiyati interest in the State Government, by operation of section 52 read with section 4 of the Act, the petitioners became entitled to retain certain lands as: provided in section 6 of the Act. They exercised their option of retention but the Assistant Settlement Officer (opposite party No. 2), in exercise of his power under section 5a of the Act, held that the area of lands conveyed by them be deducted from the acreage of land retained by them. The material portion of the order is set out below:-

(3.) THE propriety of the order is being disputed in this Rule. Section 5a was inserted in the Act, with retrospective effect by section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1954 and the material portion of the section is herein-below set out:-