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1976 Supreme(Cal) 346

SALIL KUMAR DATTA, SANKAR PRASAD MITRA, SABYASACHI MUKHARJEE
STATE OF WEST BENGAL – Appellant
Versus
SAILENDRA KUMAR SEN – Respondent


Advocates Appeared:
AMARENDRA MOHAN MITRA, P.K.SENGUPTA, Prabir Kumar Samanta, SWADESH BHUSAN BHUNIA, TAPAN KUMAR SEN GUPTA

SALIL KUMAR DATTA, J.

( 1 ) THE Division Bench consisting of A. K. Sen, B. C. Roy, JJ. has referred the above revision cases to the Special Bench in view of the questions of great public importance involved therein. The questions relate to the interpretation of the provisions of Section 5-B of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954) hereinafter referred to as the said Act, with reference to the date of their application to raiyati and under-raiyati holdings and consequences arising therefrom.

( 2 ) THE relevant facts are as follows :--On December 18, 1970 the Assistant Settlement Officer Settlement 'c' Camp No. IIA, Diamond Harbour, initiated proceedings under Section 44 (2a) of the said Act for revising the finally published record-of-rights in respect of some khatians within his jurisdiction, which, according to him, were incorrectly recorded with auction purchaser the opposite party herein, as raiyat. Proceedings in respect of entries of khatians Nos. 10, 11' (624, 625 Khanda) of Mouza Haradhanpore gave rise to Case No. 156 of 1970 (under Section 44 (2a)) while proceedings in respect of entries of khatians Nos. 6, 7, 13, 15 and 24 (302, 308, 3




































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