SALIL KUMAR DATTA, J.

( 1 ) THIS Rule is directed against an appellate order passed by the Tribunal under Section 44 (3) of the West Bengal Estates Acquisition Act whereby the order of the learned R. O. under Section 44 (2a) of the said Act of Jadavpur C Camp 3 in Case No. 3 of 1970 was set aside.

( 2 ) THE facts in brief are as follows:--On 6-8-1970, the Revenue Officer concerned started a suo motu proceeding under Section 44 (2a) giving rise to Case No. III of 1970. It was stated in the order initiating the proceeding that whereas it had been brought to his notice that the finally published khatian No. 147 of Mouza Debipurgurguria P. S. Joynagar had not been properly recorded, he directed the Peshkar to put up the relevant papers for his examination on 10-8-1970. On the said date the Revenue Officer recorded as follows:--"examined the R. O. Rs. and connected papers and records. I am satisfied that there is prima facie case for starting formal proceeding suo motu under Section 44 (2a) of the West Bengal Estates Acquisition Act, 1953 for revision of R. O. Rs. in respect of the khatians concerned. "thereafter notices were issued and at the hearing some bargadars in respect of the

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