KALIMATA THAKURANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application, the judgment and order dated 9th February, 2007 has been assailed. Shorn of all details, the fact of the case is that whether a plot of land is absolute debuttar property in order to create a charitable trust or endowment or it is a private in order to bring the said quantum of land within the purview of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act ).

(2.) INITIALLY an order was passed by the Revenue Officer holding that the property in question is a private debuttar and this finding was challenged before the appellate forum, who has set aside the order and remanded the matter for fresh hearing and holding and determination. The Revenue Officer concerned, on remand, after holding an enquiry came to the fact finding that the property is a debuttar but it is a private debuttar and not a public trust or endowment.

(3.) ADMITTEDLY, there has been no instrument recording the nature of the debuttar, whether it is public or private. The Revenue Officer while holding enquiry and analyzing all details of evidences gathered, came to the conclusion that it is a private debuttar. Therefore, the advantage of higher ceiling, as provided under section 14m (6) of the said Act, cannot be made applicable ; rather the property held by the Sebaits are to be treated as individual property of the Sebaits themselves by virtue of section 14m (5)of the said Act.