JITENDRA NATH RAPTAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - The order passed by the Revenue officer and the Assistant Settlement Officer dated February 2/13, 980 after remand of this case from this Court has been challenged for the second time in the instant writ petition.

(2.) By the said order the Revenue Officer after narrating the short history of this case in brief came to the conclusion that the suit land originally belonged to ex-intermediary, Sourendra, Sovendra, Somendra and Subhas Majumdar, all sons of Surendra Mohan Majumdar, who held and possessed land in excess of the ceiling as per provision of Section 6 (1) of the West Bengal Estates acquisition Act, 1953, on the date of coming into force of the said Act. It further appears from the order-sheet that each of them transferred 6.18 acres of agricultural land and some few areas of on agricultural land within the prohibited period for which a proceeding under Section 5A of the West Bengal Estates Acquisition Act has been started and after a proper enquiry under the said Sec- con it was found that the transfer was bona fide and the consequential action was taken.

(3.) It appears-that the Revenue Officer committed one fundamental mistake that after noting down that the transfer was bona fide in a proceeding under Section SA, the Revenue Officer should not have concluded his finding that the land should have been treated to .be vested in view of the provision of Section 5A (3) (ii) of the said Act as the area of land retained by the transferor by exercising B Form have been deducted and vested to the State. It is the case of the present writ petitioner that the petitioner, being subsequent purchaser of the suit land for valuable consideration and their names being mutated duly in terms of the provision of the Land Reforms Act, the suit land cannot be treated as vested land.