MRINAL KANTI BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application has been filed against the judgment and order of the learned Land Reforms and Tenancy Tribunal dated 11th December, 2006. By the judgment and order impugned, the order of vesting passed by the revenue Officer in the Big Raiyat case has been upheld.

(2.) THE sum and substance of the case of the petitioners is that the petitioners are the heirs and legal representatives of one Sudhangshu Sekhar bera, since deceased, who was a raiyat admittedly. During his life time, there has been a Big Raiyat case being initiated and as per direction of the Revenue officer, said Sudhangshu Sekhar Bera, since deceased, filed returns in "b" form, though his case was that he was not required to file any "b" Form by reason of the fact that at the relevant point of time when the Big Raiyat case was initiated, he did not hold any land beyond the permissible ceiling limit.

(3.) DURING hearing before the Revenue Officer, quite good numbers of civil Court's judgments and decrees were produced. It appears that the Revenue officer did not accept those civil Court's judgments and decrees on the plea that the records of rights were not rectified pursuant thereto ; rather the judgments and decrees were not acted upon. Therefore, all the lands covered by the said judgments and decrees were treated to be the lands of Sudhangshu sekhar Bera, since deceased, and in that process, it was found that there has been a substantial quantity of excess vacant land and he was then asked to exercise option for retention.