SANKAR PRASAD MITRA, S. K. DUTTA

( 1 ) THIS is an appeal against an order dated May 2, 1974 by Anil Kumar Sen, J whereby the connected writ petition, being C. R. 83 (W) of 1970 and other applications heard analogously were made absolute. By the order under appeal the order of the Revenue Officer, Balurghat Settlement Office, dated January 9, 1970 revising the record-of-rights under s. 44 (2a) was set aside and liberty was given to the Revenue Officer to implead the subsequent purchaser and thereafter to proceed in accordance with law. The view taken by the learned Judge was that under the provisions of s. 44 (2a) notice of the initiation of the proceeding thereunder is to be given to all persons interested and it was held that subsequent purchasers of lands of khatians from the recorded owners are persons interested and accordingly they are entitled to an opportunity of being heard.

( 2 ) FACTS in this case are as follows : The lands are situate in the district of West Dinajpur and there is no dispute that the record-of-rights were finally published in the said district between 1957 and 1958. In the said finally published record-of-rights one Amalendu Sarkar (respondent no. 5) got

Click Here to Read the rest of this document