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1973 Supreme(Cal) 155

DEBIPROSAD PAL
JYOTIRMOYEE DEBI – Appellant
Versus
ASSISTANT SETTLEMENT OFFICER – Respondent


Advocates Appeared:
MALAY KUMAR BASU, SAKTINATH MUKHERJI, SAMARESH NANDI

DEBIPROSAD PAL, J.

( 1 ) THE petitioner was granted settlement of 17. 23 acres of lands now recorded in R. S. Khatian Nos. 11243, 11244, 11245, and 11246 by Krishnanagar Raj Estate. After the West Bengal Estates Acquisition Act (hereinafter referred to as the Act) came into effect, the petitioner became a tenant directly under the State in respect of the aforesaid lands and the said tenancy is alleged to have been recorded in the finally published R. S. Khatian Nos. 11243, 11244, 11245 and 11246. Sometime in June, 1968 a proceeding under Section 5-A of the Act was initiated for enquiring into the question as to whether the transfer of the lands in favour of the petitioner was a bona fide one. The petitioner appeared in the said proceedings. The Assistant Settlement Officer, Krishnanagar on examination of the materials adduced before him held that the transfer in question was made before 5th May, 1953 and hence the said transfer did not come under the purview of Section 5-A of the Act. The proceeding therefore were dropped. Thereafter a notice under Section 57 of the Act read with Section 44 (2-A) of the Act was issued for revising the entries in the Record of Rights. The petitione




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