STATE OF WEST BENGAL Vs. JYOTSNA BHOWMIK

JUDGEMENT

(1.) This Rule is directed against an appellate order passed by the Tribunal under Section 44 (3) of the West Bengal Estates Acquisition Act whereby the order of the learned R. O. under Section 44 (2a) of the said Act of Jadavpur C Camp 3 in Case No. 3 of 1970 was set aside.

(2.) The facts in brief are as follows:--On 6-8-1970, the Revenue Officer concerned started a suo motu proceeding under Section 44 (2a) giving rise to Case No. III of 1970. It was stated in the order initiating the proceeding that whereas it had been brought to his notice that the finally published khatian No. 147 of Mouza Debipurgurguria P. S. Joynagar had not been properly recorded, he directed the Peshkar to put up the relevant papers for his examination on 10-8-1970. On the said date the Revenue Officer recorded as follows:--

(3.) An appeal was taken by Jyotsna and others to the Tribunal and the said Tribunal by its order dated the 16th September, 1971 allowed the appeal holding that the finding of the R. O. A. S. O. that the lands were inherited by the sons of Bankim overlooking the registered deed of settlement was beyond the scope of an enquiry under Section 44 (2a). The appeal, as already stated, was allowed on contest and the decision of the R. O. A. S. O. was set aside. The State has moved against this appellate order under Article 227 of the Constitution on which the present Rule has been issued.