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2006 Supreme(SC) 748

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
State Of W. B. – Appellant
Versus
Lakshmi Janardan Thakur – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Appellants call in question legality of the judgment rendered by a Division Bench of the Calcutta High Court holding that an endowment which was the subject matter of controversy was private in nature. After so holding, the High Court directed the Revenue Officer and Ex-officio Deputy Land and Land Reforms Officer to decide afresh the matter taking note of the observations made and the findings recorded. It was directed that the decision was to be taken after affording all concerned parties opportunity of hearing.

3. The background facts in a nutshell are as follows:

Revenue officer initiated proceedings registered as 3/Hoogly of 2002 under Section 14T(6), 14T(9), 14M(5) and 14M(6) of the West Bengal Land Reforms Act, 1955 (in short the Act) to cause enquiry in order to ascertain the total extent of land held by Deity Sri Sri Lakshmi Janardan Thakur (hereinafter referred to as the Deity) and to decide the question as to whether the endowment is of public or private nature and connected issues. It is to be noted that under the Act, the Revenue Officer is the Ex-Officio Deputy Land and Land Reforms officer.

4. By order dated 3.12.















































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