Judgment

K. RAMASWAMY, J.:- This appeal by special leave under Art. 136 of the Constitution arises against the order dated July 5, 1971 made by the Calcutta High Court in Civil Order No. 1826 of 1971 dismissing the writ petition in limine. The material facts are that the lands of Hal Plots Nos. 2202, 2204, 2206, 2209, 2210, 2212, 2214, 2219, 2220, 2225, 2226, 2228, 2229, 2232, 2233, 2234, 2236 and 2239 of Mouza Kishorimohanpore. J. L. No. 168, P. S. Jaynagar were recorded in the final Khatians Nos. 143 and 144 of J. L No. 168 as "Tank Fishery" (being used for pisciculture) and by operation of S. 6(l)(e) of West Bengal Estates Acquisition Act 1 of 1954, for short, the Act stand excluded from its purview. The Asstt. Settlement Officer initiated suo motu proceedings on May 14, 1968 that they have not been properly classified and prima facie require correction of classifications of those lands. Accordingly, he drew up the proceedings under S. 44(2A) of the Act, issued notice to the respondents who are brothers, intermediaries. They filed their written objections and appeared through counsel. They also filed the documents, examined three witnesses apart from themselves. On behalf of the