BRAJA MOHAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is directed against order No. 3 dated June 24, 1970 passed by P. C. Paul, Assistant settlement Officer, in Objection Case no. 17 of 1970.

(2.) THE petitioners' case is that they obtained this land on the basis of a will executed by their grand-father Ram chandra Mondal on 12th Jaistha, 1359 b. S. in respect of the lands comprised in Khatians Nos. 91 and 93 in Mouza kachna, P. S. Kaliganj, District West dinajpur. After the demise of their grand-father, Ram Chandra Mondal, on Sravana 30, 1360 B. S. the petitioners duly obtained letters of Administration of the said will from the court of the District Judge, West Dinajpur, on 4th June, 1956. The petitioner have been all along in possession of the said lands and their names have been duly recorded in the R. S. record of rights which were finally published

(3.) IN 1970 a proceeding under section 44 (2a) of the West Bengal Estates Acquisition Act being Objection Case No. 17 of 1970 was started suo mutu by the Revenue Officer, Raiganj, asking the petitioners to produce documents in support of the correctness of the record of rights in respect of the said lands. The petitioners appeared through their lawyer and produced the said will as well as the Letters of Administration granted by the Court in support of their contentions that they obtained the said land from their grand-father on the basis of the said will. The Revenue Officer on June 24, 1970 passed an order holding that the said will was made to deprive the State of its due share in the surplus lands and as such the records of rights requires modification and revision under section 44 (2a) of the Act and directed for deleting the names of Brojamohan Sarkar and Khargeswar Sarkar from the Khatians nos. 91 and 93 and recording the names of Rajmohan and Harimohan Sarkar sons of Ram Chandra Mondal in column No. 13 of the said Khatians each having 8 annas share.