( 1 ) AN order dated February 13, 1970, passed by an Assistant Settlement Officer being also the Charge Officer. Birbhum at Suri in Debottar case No. 28 of 1965 and the consequent notice dated February 18, 1970. are the subject-matter of challenge in this Rule obtained on a writ petition.

( 2 ) IT will be necessary to refer to certain facts leading to the aforesaid order and the notice in order to decide the dispute raised. Late Jadablal Banerjee made an endowment on 19th Pous 1312 B. S. corresponding to early 1900 on a registered Deed of endowment in favour of certain deities. On the endowment so made Jadablal Debottar Trust Estate was created of which the present petitioners are the trustees. Such endowment covered certain properties including certain agricultural and non-agricultural lands. On the enforcement of the West Bengal Estates Acquisition Act, 1953 it was found necessary that an adjudication should be held for finding out whether the endowment so made was absolute or not for the purpose of deciding the claim of benefit under Section 6 (1) (i) and Section 17 of the said Act. Accordingly on June 8, 1965 a proceeding was started under Section 44 (2a) r