C. A. J.  798  Of  1972

(September 18, 1975)

LAKSHMI NARAYAN ROY VS. LAND REFORMS OFFICER

( 1 ) THIS appeal is directed against the judgment and order dated July 27, 1972 made in Civil Rule No. 798 (W) of 1972 by Salil Kumar Datta J. By the said determination the learned Judge has been pleased to discharge the Rule without any order as to costs and with certain directions regarding the appropriation by the State Government of the amount deposited by the appellant petitioner in case he was in possession of the lands in question.

( 2 ) THE appellant contended that at the date of vesting of raiyati holdings in the State of West Bengal under the West Bengal Estates Acquisition Act, 1953, he held certain agricultural, non-agricultural and homestead lands apart from tanks. He contended that at the relevant time and during the pendency and operation of the Rule, certain returns under the said Act were duly filed by him. But in spite of such filing of returns he was served with notices and orders purporting to be made and issued under section 10 (2) of the said Act and rule 7 (1) of the Rules framed thereunder, by the Respondent No. 2, the Sub-divisional Land Re