MONORANJAN BAPARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order dated August 10, 1987 passed by a learned single Judge of this Court in C.O. No. 6823(W)/87, dismissing the writ application and directing the writ petitioner to prefer an appeal before the appellate authority under section 44(3) of the West Bengal Estates Acquisition Act, 1953.

(2.) In order to arrive at a proper decision in the appeal, it is necessary to out the facts out of which the writ application arose.

(3.) It appears that the land in question, being plot Nos. 1 to 8 and 5/37, of Khatian No. 3, of Mouza Atniramish, PLS. Baruipur, District 24-Parganas (South), formerly belonged to one Khitish Chandra Mukhopadhaya & others and were recorded as Tank Fishery. The said lands being recorded as Tank Fishery, the same were allowed to be retained and there was no occasion for declaring the same to have vested to the State.