Barin Ghosh and Jayanandan Singh JJ.

1. In the writ petition, which has been dismissed by the judgment and order under appeal, it was contended that classification of a part of the land as Class-I land, while concluding the Land Ceiling Proceeding, was unjust and erroneous. The writ petition was dismissed only on the ground that this point was not raised when the draft statement was objected.

2. It is true that in the objection it was not stated that the classification is erroneous, but the order of the first authority under the Act i.e. the D.C.L.R., clearly indicated that such a dispute was raised and in order to sort out the same, Anchal Adhikari was asked to once again verify the lands of the appellants for the purpose of ascertaining whether classification is appropriate or not. Anchal Adhikari on 30th October, 1983 submitted his report.

In the report, Anchal Adhikari stated that the lands of the appellant are situate in Mouza Karanpur, Pahsara, Amuar, Dafarpur, Brindawan and Begampur and those were inspected in presence of the brother of the appellant on 4th October, 1983 and 5th October, 1983. He reported that in 1979 appellant made irrigation facility in respect of