ISWAR DADHIBAHAN JEW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application out of which the present appeal arises has a chequred career inasmuch as the petitioners in the writ and/or their predecessor-in-interest had to travel to this court more than twice for adjudication of their right to retention of landed properties in terms of the provisions of West Bengal Land Reforms Act (hereinafter referred to as the said Act). Suffice it to note, for the present purpose, that the entitlement of the appellants was found to be 13.60 acres of land and the remaining land was directed to be vest. In so determining the ceiling, the Revenue Officer excluded the daughters, as the daughters got married on the date the determination was made, and included the daughter lands measuring 3.20 acres in the land of the petitioners/appellants 2 to 10. Out of total lands of 21.77 acres, the balance land of 8.17 acres had been declared as vested. On appeal, the statutory Appellate Authority declined to interfere with the order of the Revenue Officer and affirmed the same.

(2.) In the context of the aforesaid facts, a writ application was moved before this court, challenging the order of the Appellate Authority. The said writ application had been disposed of by a learned single Judge, inter alia, directing submission of 7AA Form by the present appellants and consideration thereof in accordance with law. The said order has been assailed in the present appeal by the writ petitioners.

(3.) We have heard Mr. Bhuniya, on behalf of the appellants, and Mr. Dasgupta, on behalf of the State respondents. Both the learned counsels have made detailed submissions in support of their respective contentions and such submissions have been very carefully considered by us. It appears, upon consideration of such submissions, that the controversy in the present appeal, hovers round the statute ascribed to the Deity in the private debuttar by the legislature in the perspective of the provisions of West Bengal Land Reforms Act and in particular Chapter IIB thereof, which came into operation with effect from 15th of February, 1971, and secondly, the question as to flexibility or alterability of the ceiling, determined under the provisions of the said Act. It is admitted that the debuttar is a private one and that the daughters of the appellant No. 2 were married subsequent to 15th of February, 1971, to be specific, in 1975 and 1977.