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1977 Supreme(Cal) 87

CHITTATOSH MUKHERJEE
BIDYA BHUSAN MAHAPATRA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
KALYANMAY GANGULY, PRADIPTA ROY, SUSHANTA KUMAR KUNDU

CHITTATOSH MUKHERJEE, J.

( 1 ) THE petitioners are the sons of deceased Balaram Mahapatra of village Beruabaid, P. S. Raipur, district Bankura. During his lifetime Balaram Mahapatra had filed a return in Form 7a in terms of Section 14t of the West Bengal Land Reforms Act, 1955 read with Rule 14c of the West Bengal Land Reforms Rules. The Revenue Officer, Sarenga Settlement 'c' Camp, P. S. Raipur district Bankura had directed for scrutiny and verification of the said return submitted by Balaram Mahapatra.

( 2 ) IN the meantime Balaram Mahapatra died and the Revenue Officer directed issue of notices to all members of Balaram Mahapatra's family. Harish Chandra and Sibesh Chandra Mahapatra, two sons of Balaram Mahapatra appeared in the said proceeding claiming that they were separate from their father Balaram Mahapatra and that they enjoyed their properties separately. They contended that they could not be considered as members of their father's family. The Revenue Officer, Sarenga Settlement 'c' Camp refused to accept this submission. He held that Balaram Mahapatra and his family would be entitled to retain 17. 30 acres of non-irrigated land and 6. 92 acres of orchard. The Revenue Of














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