TAPAS BARIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) L.R. plot No. 762, measuring 1.35 acre (hereafter the said plot) was owned by one Purnendu Sekhar Maity (hereafter Purnendu). 0.54 acre of the said plot was transferred by way of sale in the year 1973 by Purnendu in favour of Monoranjan Barik (hereafter Monoranjan), being the father of the first three petitioners and the husband of the fourth petitioner.

(2.) It is claimed that the name of Monoranjan was entered in the revenue records. The record of rights annexed to the writ petition as well as the original thereof produced before us by Mr. Manna, learned advocate for the petitioners, reflect the name of Monoranjan as the raiyat in respect of the said plot. It is also claimed in the writ petition that after such purchase, Monoranjan had been in possession thereof and paying rents to the Government.

(3.) The Block Land and Land Reforms Officer, Contai-III (hereafter the BL&LRO) initiated a proceeding under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (hereafter the Act) against Purnendu. An area measuring 1.00 acre out of 1.35 acre of the said plot along with other lands held by Purnendu stood vested to the State and Purnendu was allowed to retain the balance 0.35 acre of land comprised in the said plot.