DIBAKAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is directed against an order dated 22nd March, 2006 passed by the West Bengal Land Reforms and Tenancy Tribunal upholding the authority of the Revenue Officer for issuing, the notice for review of the proceeding for determination of the ceiling of lands to be retained by the writ petitioner which was finally disposed of earlier by the Revenue Officer itself.

(2.) Briefly stated the facts of the case as pleaded are that the petitioner is the owner and possessor of 6.84 acres of agricultural land including home- stead situated at Mouza-Baropalasan & Dihipalasan under P.S. Memari in the District of Burdwan. His wife is also the owner and possessor of 4.67 acres of land. All such lands are duly recorded in the R.S. Record of Right in the names of the petitioner and his wife. For the purpose of retention of lands, the family of the petitioner comprised of four members on the relevant date, such as the petitioner, his wife and his two unmarried daughters. Two other adult sons who are the owners and possessor of their respective lands as being separate raiyats are not included as the family members of the writ petitioner for the purpose of retention of lands under Chapter II-B of the West Bengal Land Reforms Act, 1955.

(3.) Pursuant to the relevant provisions of Chapter II-B of the said Act, a proceeding being 7A case No.59 of 1976 under Section 14T(3) of the said Act was initiated by the concerned Revenue Officer for the purpose of determination of the ceiling of lands to be retained by him. The petitioner appeared in the said proceeding and filed a return of his lands under Form 7A. The concerned Revenue Officer on the basis thereof made a local enquiry and ultimately by his order dated 29th November, 1976 dropped the proceeding, by holding that on local enquiry it was found that the raiyat's family consisted of four members Including the raiyats and the raiyat did not come within the purview of Section 14T of the West Bengal Land Reforms Act.