SRI GOBINDA SAREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - This Writ petition was moved with notice and the learned Counsel for the respondent No. 1 has entered appearance. It appears that the petitioner owns .50 acre of land as a raiyat and he was a bargadar in respect of 167 acre of land which had vested under Chapter IIB of the West Bengal Land Reform Act The petitioner contends that even including the said land, the petitioner does not own or possess mote than one hectare of land including the said 1.67 acre of land either as a raiyat or as a bargadar and as such the petitioner's right to cultivate the said 1.67 acre of land as bargadar cannot be terminated. The Revenue Officer has, however, held that as the petitioner owns more than one acre of land, the petitioner will not be permitted to retain the said land. The order is clearly against the provisions of section 145 of the West Bengal Land Reforms Act. Accordingly, the said order is set aside and this petition is made absolute.