CHITTATOSH MUKHERJEE, J.

( 1 ) THE short point in this Rule is whether a decision of the Bhagchas Officer given in a reference made by a Criminal Court under Section 21 (3) of the West Bengal Land Reforms Act is subject to an appeal under section 19 of the West Bengal Land Reforms Act. In the present case, the learned Sub-Divisional Executive Magistrate Sadar (South) Midnapur in a pending proceeding under section 145 of the Criminal Procedure code made a reference to the Bhachas Officer, Danton under section 21 (3) of the West Bengal Land Reforms Act for a decision whether the opposite parties to the said proceeding were actually bargadars or not. The Bhagchas Officer concerned by his order dated 21st November, 1975 decided that the opposite parties in the said case were actually bargadars of the land in question. Prabir Kumar Pattanayak, the petitioner in the present Rule, being aggrieved by the said order preferred an appeal under section 19 of the West Bengal Land Reforms Act. The Deputy Collector, Midnapur, dismissed the said appeal on the ground that the case did not come up under the provisions of Section 18 of the West Bengal Land Reforms Act but under orders of the Sub-Divi

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