SRIDHAR JEW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule with the corresponding interim order, initially for a limited period, was obtained on 17. 11. 76, against orders made under section 14m (5)read with section 14q (3) of the West Bengal land Reforms Act, 1956 (hereinafter referred to as the said Act), and the appellate order dated October 27, 1976, which is in annexure-B.

(2.) THE four deities, Sree Sree Sridhsir jew, Sree Sree Iswaree Durga Mata, Sree sree Iswaree Kali Mata and Sree Sree Gopal jew are petitioners Nos. 1 to 4, along with their shebaits, Sarbasree Kshetradas Mukherjee, Abhoy Das Mukherjee and Sni durgadas Mukherjee, who are petitioner nos. 5 to 7. It is the case of the petitioners, that by a registered indenture made and executed in the year 1941, by on manik Lai Mukherjee, since deceased, the properties in issue in this case, were dedicated to the deities as mentioned hereinbefore, for their seva-puja and worship. It has also been stated that on such dedication, the properties in issue, have vested in the petitioner deities and that too exclusively. It has further been averred that the indenture in question specifically provided thatt lands in issue, would be vested and dedicated to the deities concerned and also to be enjoyed by them and usufructs thereof, including all incomes and profits, to be also enjoyed by them. The fact that Respondent nos. 5 to 7 are present shebaits, is not in dispute. It is also no! in dispute that ths deed is one and no separate allotment or separate properties have been made, in respect of the deities or in their favour, lit further appears from the statement of the petitioners that seva puja of the deities, are performed out of the usufructs of the properties in issue.

(3.) IT appears that on or about November 26, 1975% the Revenue Officer, Settlement Project Chanditala, Respondent T\!o. 4,, initiated proceeding under section 14m (5 read with section 14q (3) of the said Act against one Gopal Krishna Mukherjee, who incidentally was the predecessor-in-interest of the shebait Respondent Nos. 5 to 7 On the death of the said Gokul Krishna mukhejee, petitioner No. 6 Sri Abhoydas mukherjee, appeared in the proceeding and the petitioners have alleged that before the conclusion of the proceeding the officer concerned, had made up his mind, to treat the debuttar in question, as a personal property of the said Gokul Krishna Mukherjee. Admittedly, by order dated June 24, 1976, the officer as mentioned above, held the properties in issue, were to be treated as lands belonging to the said Gokul Krishna mukherjee and ordered that lands measuring 11,03-acres, should vest in the State.