JUDGMENT

D.P. Mohapatra, J.-State of West Bengal represented by the Secretary Land and Land Reforms Department, the Junior Land Reforms Officer, Barrackpore Circle, P.S. Khardah, Distt. 24 Parganas and the Additional Collector and Additional District Magistrate (Land Reforms), 24 Parganas (North) have filed this appeal assailing the judgment of the Division Bench of the Calcutta High Court dated 7.4.1977 allowing the Appeal from Original Order No. 409 of 1961 filed by Sasthidas Malik, (respondent No. 2 herein) on setting aside the judgment of the learned Single Judge in Civil Rule No. 915/59. The Civil Rule was filed by Sasthidas Malik who will hereinafter be referred to as the petitioner.

2. The dispute raised in the case relates to the question whether the writ petitioner is entitled to retain the lands comprised in plot Nos. 11 and 32 under Khatyan Nos. 21 and 390 respectively of Mouza Kalidah extending over an area of 2.3432 acres, under the provisions of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the Act ). In the records of right published in the year 1931 the lands were recorded in the name of the petitioner s father and as having pucca stru