PROBHAT KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal has been heard with the consent of the learned Advocates for the contending parties. It is directed against the order dated 16.7.93 passed by Tarun Chatterjee, J. in writ application in the matter of case No. BIR/3/92 under sections 57 & 14T of the West Bengal Land Reforms Act issued by the Revenue Officer, and in the matter of Probhat Kumar Das v. The State of West Bengal & Ors. (not numbered as yet).

(2.) The short point involved in this Appeal is whether in a proceeding before a Revenue officer under sections 14T(3) and 14S of the West Bengal Land Reforms Act (hereinafter shortened into Act) for re-determination of the question of ceiling limit of a Raiyat after his death under section 14M it is open to his heirs and legal representatives to contend that they have inherited the land belonging to the holder, and that the surplus land should be determined on the footing that each of them is an independent Raiyat in his or her own right, and that the requisite notice therefore is required to be issued upon them independently and separately, instead of issuing the same upon them jointly as heirs of the deceased Raiyat. The facts giving arise to the aforesaid question arises in the following circumstances :

(3.) Krishna Chandra Das was the holder of land (Raiyat) at Mouza-Bilkuli, J.L. No. 2, within P.S. Bhadraswar, and at Bilkuli, Mouza-Nawpara? J.L. No. 19, within P.S. Singur. A BR. proceeding under sections 14T/14S of the Act was started against him on 20.10.84; being Case No. 13/BDR/84 of 1984, even though he is stated to have died intestate on 26.11.1983. One Samir Kumar Ray had appeared on behalf of the said Big Raiyat (hereinafter referred to as B.R.) in the said case from time to time. On 24.1.85, Pashupati Das, one of the sons of late Krishna Chandra, had filed the petition before the Officer/Authority concerned (hereinafter referred to as Officer) stating that it was not possible for the heirs of the B.R., Krishna Chandra, to furnish Return in Form 7A unless his heirs are served with notices separately. Notices were thereupon directed to be issued upon his heirs. On Notices being served upon them, his another son Probhat Das had appeared before the Officer (on behalf of the B.R.), and submitted Return in Form 7A on 7.10.85. Upon perusal of the same and upon local enquiry, the Officer had dropped the aforesaid proceedings by order dated 16.11.1985 holding that the said B.R. Krishna Chandra held, on 15.2.1971, the date of commencement of the provisions of Chapter IIB of the Act, 14.73 acres of land in non-irrigated area, though he was entitled to retain 17.30 acres of agricultural land (in non-irrigated area). He held lands below the ceiling limit and the proceedings was accordingly dropped.