ABDUL KHALEK MONDAL Vs. REVENUE OFFICER, BURDWAN

JUDGEMENT

(1.) The subject matter of challenge in C.R. 2254(W) of 1976 is a proceeding under Sec. 6(1) of the West Bengal Estates Acqn. Act (B.R. Case No. 456 of 1972) against the petitioner. The petitioner in C.R. 2255(W) 1976 claims to be a transferee from the petitioner of C.R. 2254 (W) of 1976. Unless the petitioner of C.R. 2254 (W) of 1976, Abdul Khalek Mondal, can establish that he had been allowed to retain the lands some of which were subsequently transferred, the petitioner in C.R. 2255(W) of 1970 cannot derive any title by purchase from Abdul Khalek Mondal.

(2.) The respondents had started the said B.R. Case No. 456 of 1972 in order to give an opportunity to the petitioner to retain his Khas lands in terms of the different clauses or sub-section (1) of Sec. 6 of the Act. The petitioner had filed statement in Form 1 and return in Form B. In his B from the petitioner had claimed that tanks recorded in dag No. 1112 Khatian No. 353, mouza Atagar, dag no 38 khatian no. 435 and dag No. 1097, Khatian No. 432 also of mouza. Atagar recorded as tanks were retainable as tank fisheries under Sec. 6(1) (e) of the Act.

(3.) The Revenue Officer, by his order dated 28th Nov., 1975 had rejected the said contention and had held that the said plots being classified as tanks with right of irrigation should be taken as agricultural lands.