DILIP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of the applicants before the learned Tribunal and is directed against the judgment and order dated 15. 10. 2007 passed by the learned Land Reforms Tenancy Tribunal in O. A. No. 29 of 2004 (LRTT) whereby the learned Tribunal disposed of the said application.

(2.) THE short question involved in the case is that whether the Revenue officer is empowered to issue a notice under Section 57 of the West Bengal land Reforms Act while dealing with any proceeding under the said Act.

(3.) ONE Sureswari Roy got life estate held to the extent of 12. 46 acres of land from one Prodyut Kumar Roy, father of the applicants. The said P. K. Roy was a big raiyat and he did not retain the subject land under section 6 (1) of the West Bengal Estates Acquisition Act, 1953 by filing b-Form. The heirs of Sureswari Roy got the said subject land by way of a will which was probated afterwards. The revenue authority held an enquiry about certain transfers of lands under Section 5a of the West Bengal estates Acquisition Act and held that those transfers were not bona fide. In that proceeding the subject land was not taken into consideration. In order to correct the Collector's khatian of the subject land, the Revenue Officer issued the said notice under Section 57 of the West Bengal Land Reforms act. On getting the notice under Section 57 of the West Bengal Land reforms Act, the applicants approached the learned Tribunal which disposed of the said application giving liberty to the applicants to raise all the disputes before the Revenue Officer. Being aggrieved, this application has been filed by the applicants.