JUDGMENT

SANJAY KISHAN KAUL, J.

1. One Krishna Pada Supai (for short ‘KPS’) was holder and in possession of land under an ex-intermediary Kali Charan Pramanick. The land is stated to have been duly recorded in the name of KPS in the Records of Rights of Mauza Jogatipota, P.S. Sonarpur, being R.S. Khatian No.15 of Mauza Jagatipota, West Bengal. In the year 1962, 14.89 acres of land held by KPS was transferred to two persons – Jitendra Lal Paul (8.26 acres) and Golap Bala Saha Mondal (6.63 acres). The origination of the dispute is the proceedings suo moto initiated by the concerned Revenue Officer under Section 44(2a) of the West Bengal Estate Acquisition Act, 1953 (hereinafter referred to the ‘Acquisition Act’). In order to appreciate the nature of proceedings, it is necessary to give a small overview of the Acquisition Act. The preamble to the Acquisition Act states as under:

“An Act to provide for the State acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under-raiyats and of the rights of certain other persons in lands comprised in estates.”

2. Section 2(i) of the Acquisition Act defines “intermediary” and reads as under:

“S. 2. Def