INDIRA DEBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of Laik, J. dated December 23, 1964, whereby a rule nisi obtained by the appellants in an application under Article 226 of the Constitution, was discharged.

(2.) Certain plots of land recorded in Khatian No. 140 of Mouza Dwarir Jangal in the district of 24 Parganas and included in the Revisional Record of Rights formed part of the property owned by one Rajendra Chandra Banerjee, since deceased. The said Revisional Record of Rights was prepared under the West Bengal Estates Acquisition Act, 1954, (hereinafter referred to as the Act). The appellants are the executors of the will of the said deceased. In course of the administration of the estate of the deceased, the appellants made various settlements of the said land and in the Record of Rights as finally published, the names of the tenants were duly recorded. It is alleged that the lands recorded in the said Khatian No. 140 were settled by the appellants, as executors of the Estate of the deceased, with one Jayanta Kumar Banerjee, long before the vesting of the estates under the provisions of the Act.

(3.) In April, 1963, the appellants received a notice from the respondent No. 3 under Section 57 of the Act directing them to file relevant records in connection with the settlement recorded in Khatian No. 140, as in the opinion of the respondent No. 3, the settlement was invalid. The case number given in the notice was 124 and in the notice it was specified that the case was under Section 151 of the Code of Civil Procedure.