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1996 Supreme(SC) 563

SUHAS C.SEN, N.P.SINGH
State Of W. B. – Appellant
Versus
Murari Mohan Maity – Respondent


ORDER

1. These appeals have been filed on behalf of the State of West Bengal against the order of the High Court dismissing the writ petitions filed on behalf of the appellant-State.

2. The respondents claimed settlement on the basis of Amalnamas granted in the year 1955. Thereafter, the revisional survey records of rights were finally published under Section 44(2) of the aforesaid Act showing the settles to be in possession of the lands in question. After 12 years from the final publication of RS records of rights, the Revenue Officer issued notices in purported exercise of power under Section 44(2)(a) of the West Bengal Estates Acquisition Act, 1953 to enquire into the validity of the settlements made in favour of the respondents to the said proceedings. The Revenue Officer held the settlements to be invalid. Being aggrieved by the said order, appeals were preferred before the Tribunal constituted under the Act. The Tribunal examined the controversies on the basis of the materials adduced before the Revenue Officer and came to the conclusion that there was no occasion to come to the conclusion that the eleven finally published Khatians were invalid. The Tribunal also pointed out

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