STATE OF WEST BENGAL Vs. BITHIKA MAITY

JUDGEMENT

(1.) THIS revisional application is directed against the judgment and order passed by Shri amitabha Dutta, Tribunal Judge alipore in Estates Acquisition Appeal no. 7 of 1971 setting aside the order of a. S. O. Diamond Harbour 'c' Camp, district 24-Parganas passed in a proceeding initiated suo motu under section 44 (2a) of the West Bengal Estates acquisition Act, 1953 (hereinafter referred to as the Act) revising the finally published R. S. resord of rights Nos. 310 and 314 of Mouza Radhakrishnapur.

(2.) THE facts out of which the case arises, may briefly be stated like this: the property in question was previously recorded in C. S. Khatian No. 186/1 of mouza Radhakrishnapur in the name of one Benoy Kumar Guira in the raiyati interest. The same was sold in Rent Execution Case No. 606 of 1954 on September 10, 1954. It was purchased by the opposite parties who took delivery of possession therein through Court on January 2, 1955.

(3.) THE Revenue Officer started suo moto proceeding under section 44 (2a)of the Act and found that as the sale took place after the 1st day of June, 1954 the same was to be treated as void as it offended the provision of section 5b of the Act.