NARENDRA NATH TRIPATHY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner who has been appointed receiver in partition Suit No. 2539 of 1955 has challenged in this Writ petition the notice dated 16th March, 1971 issued suo moto under Section 57 read with section 44 (2a) of the West Bengal Estates Acquisition Act by the Revenue Officer, Brisha Settlement Camp No. 2, for revision of R. S. Record of rights of Khatain No. 140 and Sub Khatian Nos. 574-580 of Mouza Dhapa Manpu.

(2.) THE disputed property comprised in plot No 1664 of Khatian No. 140, Sub khatian Nos. 574 to 580 in Mouza Dhapa Manpui P. S. Bhangore, District 24-Parganas belonged to Bidhu Bhusan sarkar and his co sharers In the petition it has been stated that the said plot is a fishery which is in existence for about 100 years. It has also been averred that the said property was recorded as "beel" in the District. Settlement record of rights as well as in Sundarban settlement record of rights in the names of bidhu Bhusan Sarkar and his co-sharers in the present Revisional Settlement record of rights it has been recorded a "gheri Machchas" and the same have been finally published. The said property is a fishery and the petitioner under the directions of this Hon'ble Court has been issuing licences to different persons in respect of the said fishery. The; said land never formed part of alluvial part of rivers Piyali and Bidyadhari. It has also been stated that even of it is alluvial land as it accreted to the holding of sarkar it will be an addition to their holding under the then extent law. It has also been stated that even under section 12 of the West Bengal Land Reforms Act, 1955 the said Plot Will belong to the Sarkars as accretion to their hoi cling and the State all along realised rents from thorn" in respect of the said fishery. The Impugned notice was challenged as void, inoperative and without jurisdiction. On these averments the petitioner has obtained the instant Rule and also an interim order of stay in terms of prayer (E) of the petition.

(3.) AN Affidavit-in-Opposition has been filed on behalf of the Respondents sworn by the Respondent No. 2, the Special Revenue Officer and Assistant Settlement officer, alleging inter alia that the disputed plot has arisen by gradual silting up of the river Vidyadhari and the Sarkars unlawfully occupied the same as trespassers. It has been admitted in paragraph 4 of the said affidavit in opposition that the said plot was previously recorded in the name of Bidhu Bhusan sarkar and others in Khatian No. 140 of Moura Dhapa Monpur as ''beel" and in the Revisional record of rights the same has been recorded as "gheri Machchas". It has also been stated that Bidhu bkusan Saikar and ethers retained the said property by submitting return in form 'b' and Kharida Khatians Nos. 574 to 588 has been opened in their names in respect of the same. It has been stated further that from fishery report it appeared that the paid plot as formed out of Vidyadhary river. It has also beet alleged that subsequently from a local enquiry report it revealed that the said post was not a tank fishery but a small land utilized for cultivation. It has been alleged that the instant proceeding has been started to remove the irregularities and mistakes from the record of rights