ASHOKE KUMAR MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule is directed against proceedings intiated and orders passed under section 44 (2a) of the West Bengal Estates Acquisition act, 1953.

(2.) THE petitioners have alleged that on the date of vesting, their predecessor-in-interest Shri Hitendranath majumder, who died intestate on 29th may 1963, had about 29. 89 acres of agricultural land,. 79 acres of non-agricultural lands and 1. 69 acres of bastu. These facts the petitioners have further stated, would be apparent from the finally published record of rights. They have further contended that after the final publication of the record of rights, it transpired that 6 plots of lands in Khatian No. 186, at present renumbered as 416, measuring more or less 5. 27 acres, were wrongly recorded in the name of the said Shri Hitendranath Majumder, since deceased. The said lands were not in actual possession of the said Shri Majumder and they were transferred in 1358 B. S. to one shri Makhanlal Halder by a registered Amalnama and in fact the said Shri halder was in possession of those lands or payment of rent @ Rs. 36/- per year to the said Shri Majumder.

(3.) IN view of the aforesaid fact of wrong recording, the said Shri Halder, on 29th January, 1958 filed an application under section 44 (2a) of the Act being case No. 40 of 1958, for necessary correction of the records. It is also an admitted fact that on or about 8th june 1959, the Revenue Officer concerned, on consideration of the relevant records, was pleased to pass an order correcting the Record of Rights of Khatian No. 416 in the said proceedings under section 44 (2a) and thus inserted the name of the said Shri Hairier in place of their predecessor-in-interest. The petitioners have alleged that prior to the said recording, their predecessor-in-interest, the said shri Majumder, since deceased, duly filed a return in form ''b" along with an application to the Revenue Officer regarding the said wrong entries in the record of Rights in respect of the six plot of lands in Khatian No. 416. It appears that thereafter the authorities concerned had allowed retention of the lands as prayed for.