MOJAMMAL MONDAL Vs. SPECIAL REVENUE OFFICER

JUDGEMENT

(1.) THESE four Rules involve a common question of law and as such have been heard together.

(2.) MATERIAL facts are not in dispute. The respondent No. 7 Samsuzzuha mondal, who happens to be the father of some of the petitioners was a raiyat who became an intermediary or the purposes of the West Bengal Estates acquisition Act on the enforcement of chapter 7 of the said Act. He was holding khas lands both agricultural and non-agricultural more than the ceiling prescribed by the Act. Long after, the vesting of his inerest in the state the said respondent No. 7 in the year 1965 effected transfers of particular plots of khas lands in favour of the different petitioners in these four rules. A proceeding under section 6 of the said Act was initiated by the assistant Settlement Officer against the said respondent No. 7 and by due notice he was called upon to submit appropriate returns and option exercising his choice as prescribed by section 6 (5) of the said Act. The send respondent No. 7 submitted his returns and also exercised his choice but the lands earlier transferred to the present petitioners were excluded from such returns and it is claimed by the petitioners that the said respondent No. 7 brought it to the notice of the Assistant Settlement officer that such lands had already been transferred to the petitioners. On such returns the Assistant Settlement officer by an order dated April 3, 1968, directed vesting of all the lands of the respondent No. 7 excluding those set out in his option but including those transferred in favour of the petitioners and he further directed possession of such vested lands 10 be taken under section 10 (2) of the said Act. Being aggrieved by this order the transferee petitioners have come, up to this Court with these Writ petitions am which the above Rules have been issued.

(3.) MR. Mukherjee appearing in sup port of this Rule has raised only one point viz. , the Assistant Settlement officer could not have disposed of the proceeding under section 6 without impleading the transferees as parties and giving them due notice of the proceeding,