ANIL KUMAR SEN, J.

( 1 ) IN this Rule the petitioner is challenging an order dated August 2, 1968 passed in a proceeding initiated suo motu under Section 44 (2a) of the West Bengal Estates' Acquisition Act, 1953 (hereinafter referred to as the said Act ).

( 2 ) THERE is no dispute that the disputed land appertaining the several khatians stands recorded in the name of the present petitioner in the finally published record-of-rights. A proceeding under Section 5-A of the said Act was unsuccessfully initiated in or about June, 1968, but as the transfers had taken place long prior to May 5, 1953, such proceeding was dropped. But immediately thereafter a suo motu proceeding under Section 44 (2a) was instituted by the Assistant Settlement Officer and a notice dated July 17, 1968 was issued on the petitioner. This notice however discloses no ground for exercise of powers under Section 44 (2a) but only reads as a notice fixing a date of hearing. It recites that whereas an application has been filed under Section 44 (2a) and whereas the said application has been fixed for hearing on July 22, 1968, therefore the petitioner is directed to appear to show cause if any. The petitioner appeared

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