( 1 ) THIS is an application under Article 226 of the Constitution directed against the finding of the Assistant Settlement Officer confirmed in appeal by the Special Judge that the transfer which the petitioner took from his mother is hit by Section 5a of the West Bengal Estates Acquisition Act, 1953. The petitioner has taken a number of points. Some of these points are already covered by certain authorities while other points are more embarrassing than helpful for the petitioner.

( 2 ) TO appreciate the petitioner's challenge in this case it is necessary to summarize his main contentions before me. His first contention is that the lands in question are governed by the Bengal Waste Lands Rules. Here he is between the two horns of a dilemma. If he is governed by the Bengal Waste Lands Rules then these lands being settlements in Jalpaiguri in western Duars could only be the subject of a lease in Form A under Rule 13 of Chapter IV of the Bengal Waste Lands Manual. But then clause 5 of Form A of the lease definitely enjoins "you shall not transfer your right or any share or interest in the lands of your jote or any part thereof by sale, gift, mortgage or otherwise, except with the sa

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