BENODE BEHARI MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule, issued on a writ petition, raises a simple question as to whether an earlier decision rendered by a competent authority in a proceeding under Section 5A of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act) in respect of a particular transfer of a particular land constitutes a bar in law for a same proceeding by the same authority in respect of the same transfer and over the same land.

(2.) It is not disputed that by a registered deed of Nirupan Patra (a deed of family settlement) dated October 9, 1953 but registered on February 1, 1954 certain lands were transferred by one Fakir in favour of his three sons the present petitioners. The Revenue Officer of Sarenga duly authorised under Section 5A of the said Act, started several proceedings in respect of several plots of land covered by the said deed under Section 5A of the said Act on the basis that the aforesaid transfer is liable to be declared not bona fide. Notice of the said proceedings having been served on Fakir and the present petitioners, they contested the said proceedings. All the proceedings were heard together as the only question involved was as to whether the transfer by Fakir in favour of his sons dated October 9, 1953 was bona fide or not. 2A. After a contested adjudication the Revenue Officer came to the conclusion that as the disputed transfer was a bona fide deed of family settlement; it did not come within the mischief of the provision of Section 5A of the said Act. To quote his finding in part:

(3.) This decision was rendered on March 13, 1959 and it is apparent that the Revenue Officer was basing his decision on the provision of Section 5A (7) (iii). It would not be necessary for me to consider whether this particular decision of the Revenue Officer was correct or not in law but it appears to me that there was no appeal against the said decision under Section 5A (6) and the proceeding was finally disposed of on such decision.