BIBHUTI BHUSAN BANKURA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and order dated 8th July, 1990 passed by a learned Single Judge of this Court on a Writ Application, being C.O. No. 8422 (W) of 1991, arising out of the judgment and order dated 5.7.91 passed by the Revenue Officer/Block Land and Land Reforms Officer, Narayangarh, District- Midnapore, in the relevant proceeding Case No. of 1991 and 14 of 1991 under the relevant previsions of West Bengal Land Reforms Act (hereinafter referred to as L.R. Act).

(2.) The writ petitioner No.1, Bhibuti Bhusan Bankurs, was allowed to retain 25 acres of agricultural lands, and 2.35 acres of non-agricultural lands and .03 acre of homestead land in a Big Raiyat proceeding under the relevant provisions of the West Bengal Estates Acquisition Act in the year 1961. His father Brojo Gopal had gifted away 3.79 acres of land in favour of the writ petitioners Nos. 2 and 3, the sons of the petitioner No. 1, under a registered Deed of Gift dated 26.8.61. Bhibuti Bhusan, the petitioner No. 1, as well, had transferred 12.43 acres of land in their favour under a Nirupan Patra dated 23.3.64. The names of the petitioner Nos.2 and 3 had accordingly been duly mutated in respect thereof under the Mutation Case No. 145(1) of 1973-74, and they had thereafter paid rents to the State Government accordingly.

(3.) The family of Bhibuti Bhusan, as on 15.2.1971, consisted of himself, his wife, and five unmarried daughters. His two sons, the petitioners Nos. 1 and 2, who were then adult and married, having land by virtue of the Deed of Gift and the Deed of Nirupan Patra executed in their favour by their father and grandfather, as stated above, had been excluded from his (petitioner No, 1's) family.