BISWANATH MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE Rules were issued upon application under art. 227 of the Constitution of India and are directed against an order passed by the specially empowered officer in a proceeding under Sec. 44 (2a) of the Estates Acquisition Act purporting to revise the finally published Record of Rights suo motu.

(2.) THE relevant facts which are not in controversy in these two Revision cases are that the present petitioners by several registered kobalas on various dated viz. , April 27, 1962, February l1, 1957, July 17, 1957 and February 13, 1965 purchased the Rayati interest at one Madan Gopal Hazra son of Shri sourindra Mohan Hazra in respect of the lands appertaining to Khalian Nos. 1321, 1329 and 1330 of Mouza Jabui within Police Station Memari in the District of Burdwan, Some of those purchases were jointly by some of the petitioners and some were by the respective petitioners alone. The petitioners claimed to have been possessing the respective lands and have been cultivating the same by paying rents to the Government since the Estates Ac question Act was brought into force. The superior interest which was Patni governed by Regulation VIII of 1810 originally belonged to one Saradi prosad Hazra. He having died, in 1849 the Patni interest was inherited by his three sons viz. , Achuta Nanda, Girindns mohan and Sourindra Mohan Hazra. After that devolution of interest at this superior level, some lands of the said three khatians mentioned above were settled by Amalnamas in favour at sachidulal Hazra and Madan Gopal hazra in Rayati interest. This Sachidulal was no other than the son of achuta Nanda Hazra, one of the sons of Sarada Prosad Hazra. Those Amal namas were of the year 1352 B. S. which corresponds to 194511946, that is long before the enactment of Estates Acquisition Act in 1953.

(3.) WHEN the hierarchy to interest in respect of the lands were remaining in the state as mentioned above, the estates Acquisition Act came into forces and under the provisions thereof the revisional settlement operations were undertaken.