A.K.SEN
SUBODH KUMAR MITRA – Appellant
Versus
REVENUE OFFICER – Respondent
( 1 ) THIS Rule was issued on a Writ petition wherein the two petitioners, challenging the validity of a series of notices under Section 44 (2a) of the West Bengal Estates Acquisition Act (hereinafter referred to as the said Act) issued by the Revenue Officer 'c' camp Baraset, have prayed for quashing the several proceedings initiated on such notices. The proceedings are case No. 16 of mouja Kaipul, cases Nos. 26, 29 to 38 mouja Bilbauchandi and cases Nos. 131 to 138 and 143 to 147 of mouja Matiagacha.
( 2 ) THE case of the petitioners shortly is that they were the tenants in respect of a vast fishery commonly known as Bilbouchandi spread over the three moujas as aforesaid within Police Station Baraset. It is recorded in several khatians all recorded as tank-fisheries. After the vesting of the interest of the intermediary they became tenants of the State in respect of such fisheries. These being tank fisheries within the meaning of Section 6 (1) (e) of the said Act they are entitled to retain the entire area and they exercised their option accordingly. In the revisional survey records prepared under the provisions of the said Act most of the plots appertaining to
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