TARUN CHATTERJEE, J.

( 1 ) T. Chatterjee, J.-Can an adopted son be considered to be a "son" within the meaning of "family" as defined in section 14-K (c) of the West Bengal Land Reforms Act, 1955 (for short "act") is the question that needs to be decided in this writ application.

( 2 ) A proceeding under section 14 (T) of the Act was started 'by the Revenue Officer, Settlement B' Camp, Contai, District Midnapore (hereinafter referred to as the Revenue Officer) against the writ petitioner which came to be registered as 7a Case No. 175/14t of 1978. By an order and/ or judgment passed in the aforesaid cue, the Revenue Officer determined the ceiling limit of the lands that may be retained by the writ petitioner under the Act and while determining such ceiling limit, the Revenue Officer has held that an adopted son of a raiyat cannot be as a son considered as within the meaning of 'family' as defined in section 14k (c) of the Act, for the purpose of calculating the ceiling limit of lands under section 14 (M) of the Act.

( 3 ) FEELING aggrieved by the final order ,passed by the Revenue Officer disposing of the aforesaid case and determining the ceiling limit of lands under the Act the writ petitioner has come up to this Court under Article 226 of the Constitution for setting aside the same.

( 4 ) THE Act provides in Chapter IIB for determination of ceiling area of a raiyat and vesting of land in excess of such ceiling area of such raiyat. The ceiling area is determined with reference to "family" of a raiyat. Section 14 (K) (c) of the Act defines 'family' of a raiyat, which is as follows :"14k (C)-'family" in relation to a raiyat, shall be deemed to : (i)himself and his wife, minor sons, unmarried daughters, if any, (ii) his unmarried adult son, if any, who does not hold any land as a raiyat, (iii)his married adult son, if any, where neither such adult son nor the wife nor any minor son or unmarried daughter of such adult son holds any land as a raiyat, (iv)widow of his predeceased son, if any, where neither such widow nor any minor son or unmarried daughter of such widow holds any land as a raiyat, but shall not include any other person, (v)minor son or unmarried daughter, if any, of his pre-deceased son, where the widow of such pre-deceased son is dead and any minor son or unmarried daughter of such pre-deceased son does not hold any land as a raiyat."

( 5 ) ON a perusal of section 14k (c) of the Act it is evident that only for determination of ceiling area of a raiyat, the "family" of a raiyat shall include persons named in section 14k (c) of the Act. Ceiling limit is fixed under section 14 (M) of the Act for a raiyat having a 'family' consisting of two or more but not more than five members as 5. 00 standard hertares, where the members of the family of a raiyat exceed five members then for each member in excess of five, a raiyat is entitled to own 0. 50 standard hectare more. But the aggregate for coifing area for such raiyat shall not in any case, exceed 7 standard hectares. Therefore, it is seen that a raiyat having a family of more than 5 members is entitled to own 0. 50 standard hectare of laud for each of the members of his family subject, of course, to the highest limit of 7 standard hectares of land.

( 6 ) IN view of the above, now if it is found that an "adopted son" is also a member of the family of the writ petitioner then the writ petitioner would be entitled to own 0. 50 standard hectare of land more provided members of the writ petitioner's family exceed five in number.

( 7 ) BY the order under challenge in this writ application the Revenue Officer determined the ceiling limit of the lands to be retained by the writ petitioner by holding that the "adopted son" of the writ petitioner cannot be said to be a member of his 'family. '

( 8 ) IN my view, for the determination of the ceiling area of a raiyat, an 'adopted son' of a raiyat, who was adopted before the date of vesting, i. e. on or before 15th February, 1971,

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