( 1 ) THE petitioners state that they took raiyati settlement of lands mentioned in paragraph 2 of the petition from the recorded landlords Kartick Chandra Shawoo and Tarit Kumar Ballav. The particulars of the lands have been mentioned in the petition and it is not necessary for the present purpose to refer to the said particulars. As the landlords' right had vested in the State of West Bengal, the petitioners' estate were recorded as raiyati in the current settlement record in respect of said lands mentioned in the petition end a notice under Section 10 (2) of the West Bengal Estates Acquisition Act, 1953 was served on the landlords and the said landlords had filed an objection, petition on the ground that the property in question was tank fishery right and as such excluded from the operation of the Act, that they had submitted requisite returns for the lands in question to keep these in khas. On the 4th of December, 1967 the Revenue Officer specially empowered under Section 44 (2a) of the West Bengal Estates Acquisition Act, 1953 directed the record of rights and papers to be put up for his examination. On the 5th of December, 1967 on the ground that the