PRODYOT KUMAR SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) PRODYOT Kumar Sinha, since deceased and Bidyut Kumar Sinha are the original petitioners in this application. They claim to have been permanently settled in several plots of non-agricultural land being R. S. Plots Nos. 7617, 7618, 7620, 7622 and 7568 in Mouja Jhalda, Purulia, by the owners thereof, viz. , the Debutter estate of Sri Iswar Muralidhar Jew Thakur acting through its then sebayit Uddhab Chandra Sinha, the Raja of Jhalda, under a registered Deed of lease executed on the 23rd April 1948. In terms of the said lease weekly cattle and vegetable markets and for hats as also daily markets are regularly held by the lessees on the said land and they collect tolls and fees from the persons using the said markets, On the 16th August 1972, the original petitioners submitted returns in the prescribed "b" form under the West Bengal Estate Acquisition Act, 1953 and on the 29th May 1972 they also submitted returns in the prescribed form 7a under the West Bengal Land Reforms Act, 1955. Licences under section 405 of the Bengal Municipal Act 1932 have been issued in favour of the original petitioners by the Municipality of Jhalda for holding the said markets on the said land which fall within the area of the said Municipality.

(2.) BY two notices under section 57 of the West Bengal Estates Acquisition Act, 1953 both dated the 19th March 1973 issued in Case No. Hat/1 of 1973 by the Revenue Officer the original petitioners were called upon to produce necessary records being documents relating to the said Hat and market at Jhalda and to submit written particulars of their rights and interest therein for the purpose of preparation of correct records of rights in the Revisional Settlement and preparation of compensation roll in respect of Zamindari and intermediary rights. The original petitioners were directed to produce by themselves or through their agents such records before the Revenue Officer on the 30th March 1973.

(3.) PURSUANT thereto, the representatives of original petitioners duly appeared before the Assistant Settlement Officer/revenue officer, Jhalda on the 30th March 1973 and produced records and documents in support of their title to the said land including the registered deed of lease.