MARCHHIA SAHUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule is directed against order No. 8 dated 16-9-70 in case No. 36 of 1970 under Section 44 (2a) of the West Bengal Estates Acquisition Act, 1953 passed by the S. R. O. II and A.S.O. O.S.E. under Section 44 (2a). The proceedings were instituted by the said officer in respect of Khatian No. 226 (14.80 acres) and Khatian No, 299 (1) (3.80 acres) of Mouza Batijora, P. S. Gazole on the ground that the entries of the last settlement record were eliminated without following the principles laid down in Schedule B appended to Rule 25 of the West Bengal Estates Acquisition Rules. It appears that Sakhi Chand Saha who died after vesting had in his possession 22.52 acres of land in khas possession and by a registered deed of gift D/- 31-1-46,18.60 acres of land of khatian 22.6 & 299 (1) were gifted to the petitioners who are his daughter and daughter's son respectively. The officer was of opinion that these transactions were not bona fide and during khasra enquiry or plot to plot verification of the possession of Mouza Batijora in June 1954 all the lands of the said two khatians were found to be in possession of Sakhi Chand Saha himself and none of the petitioners were found to be in actual possession during 1944 to 1954. The officer was of opinion that Sakhi Chand Saha managed to curtail 41 acres of his land in his possession to 22.52 acres to evade the provisions of Section 6 (1) of the Act. According to him, the record of right was made to be recorded in favour of the petitioners by misrepresentation of facts in respect of possession and by suppression of facts that the deeds of gift were not translated into action even within eight years. As a result he ordered that the names of the petitioners in respect of these two khatians to be struck out and the name of Sakhi Chand Saha having 16 annas share be recorded in respect of the lands of the said khatian. This order order was passed by a judgment dated 16-9-70 and the fact of delivery of judgment has been recorded by order No. 9 on 25-9-70.

(2.) Immediately thereafter on 26-9-70 the officer started proceedings under Section 6 (1) read with Section 47 of the Act and though no notice could be issued on Sakhi Chand Saha who was dead even before the passing of the earlier orders, one Mst. Dukhni Saha appeared claiming to be his heiress and submitted a 'B' form excluding the areas of the aforesaid khatians for the purpose of retention. In that view of the matter, the learned Officer vested the said lands in the State by order No. 4 dated 17-10-70.

(3.) It appears that the petitioners moved this Court in C. R. 416 (W) of 1971 against the order under Section 44 (2a) and the Rule was disposed of on July 9, 1974, by P. K. Banerjee, J. his Lordship noted that as orders had in the meantime been passed under Section 45 (1), he allowed the petitioners to withdraw the application with liberty to file fresh application challenging the order under Section 44 (2a) and also the order under Section 6 (1) of the Act. The petitioner thereafter moved this Court on the 6th Oct., 1974 and obtained the Rule as also the interim order maintaining the status quo as on date.