The High Court has the power to interfere under Article 227 of the Constitution when the Special Judge goes beyond the bounds of his authority.

( 1 ) THIS Rule arising out of an application under Article 227 of the Constitution of India is directed against an order made by the Special Judge in an appeal under Sub-section (6) of Section 5-A of the West Bengal Estates Acquisition Act preferred from the decision of the Revenue Officer taken in a proceeding under Section 5-A of the said Act.

( 2 ) THE facts relevant for the present purposes are as follows:

( 3 ) THE concerned Assistant Settlement Officer started proceedings under Section 5-A of the said Act for holding enquiry into the alleged transfer of 71. 07/5 ----- acres of land by Jyotindra Lal 12 Mitra Chowdhury, the father of the present opposite parties Nos. 1 to 3 in their favour. The case of the opposite parties is that the transfer was made by a registered Nirupanpatra executed on September 5, 1953 and registered on September 18, 1953. The further case of the opposite parties Nos. 1 to 3 is that their father on February 26, 1953 by an unregistered, schedule showing allotment of different lands to his three sons, that is, the opposite parties Nos. 1 to 3, transferred the lands in question and made over possession to them and that the opposite parties Nos. 1 to 3 have been possessing the lands as per the said Schedule since February 26, 1953.

( 4 ) THE case of the State of West Bengal, the petitioner, is that the transfer in question took place between the period of mischief, namely, May 5, 1953 and the date of vesting of the estates in the State. The Schedules referred to above were unregistered, antedated documents. As the transfer was made within the period referred to in Sub-section (1) of Section 5-A of the said Act and as the transfer was in favour of the sons of the transferee who had lands in excess of the ceiling prescribed by the West Bengal Estates Acquisition Act, the transfer was not a bona fide one and should, therefore, stand cancelled.

( 5 ) THE Assistant Settlement Officer on consideration of the materials before him came to the conclusion that the 3 unregistered schedules were nothing but antedated documents created by said Jatindra Lal Mitra Chowdhury, the father of the opposite parties Nos. 1 to 3 for avoiding enquiry under Section 5-A of the West Bengal Estates Acquisition Act (hereinafter referred to the said Act ). He also found that the Nirupan-patra executed by the said Jatindra in favour of his sons, the opposite parties, was a colourable device for the purpose of retaining more lands than what the prescribed ceiling permits. The Assistant Settlement Officer accordingly found that the transfer sought to be effected by the said Nirupanpatra was not bona fide and should as such stand cancelled.

( 6 ) THE learned Special Judge reversed the findings of the Assistant Settlement Officer and declared the impugned transfer to be bona fide.

( 7 ) MR. A. N. Banerjee, the learned Advocate for the State of West Bengal, the petitioner, contended that the learned Judge went beyond the bound of his authority in reversing the findings of the Assistant Settlement Officer solely on the basis of conjectures and mistaken view of law. It will appear from the 3 schedules (Exts. B, C and D) which were alleged by the petitioners to have been executed on February 26, 1953 by said Jatindra that they contained a list of some lands and did not and could not have effected any transfer of such lands. The Nirupanpatra (Ext. A) which was executed on September 5, 1953 and registered on September 18, 1953 would show clearly that transfer of the lands in question was made by that instrument, namely, the Nirupanpatra. Admittedly, the said Nirupanpatra was executed and registered within the period referred to in Sub-section (1) of Section 5-A of the said Act. That being so, and when the Assistant Settlement Officer was of opinion that there were prima facie reasons for believing that the transfer was not bona fide the proceeding under Section 5-A of the said Act was validly and legally initiated