The determination of whether an area is irrigated for the purposes of the West Bengal Land Reforms Act is not solely based on a notification issued by the State Government. A raiyat can raise a dispute if the land within the prescribed area is not actually irrigated, and such disputes are to be decided by the prescribed authority in accordance with the prescribed rules.

( 1 ) - The order under challenge in this writ application is an order passed by the Revenue Officer on 6. 10. 82 in Durgapur Case No. 311 of 1982 u/s 14t of the West Bengal Land Reforms Act as well as an order passed in appeal by the appellate authority being Appeal Case No. 13 of 1983.

( 2 ) THE writ petitioner's grievances are that he does not possess land which is liable to be vested in the State u/s 14t of the West Bengal Land Reforms Act. He appeared before the Revenue Officer and submitted that the lands held, by him are in the non irrigated area. . The Revenue Officer considered the question. He held that, the raiment family held land in mouzas Sathkahania as well as mouza Dhandadihi. He referred to a notification. No. 7352 L, dated 11th July, 1971 of the Land and Land Revenue Department for the purpose of Sec. 14k (d) of the West Bengal L. R. Act. Relying on this notification he held that all the nougat within Kaksa P. S. (Mouza Sathkahania is within this P. S.) are within irrigated area of the D. V. C. Canal project. Accordingly he treated the lands held by the raiyat in the said mouza as irrigated land. At the same time he also held that the land held by the raiyat in mouza Dhandadihi are not within the irrigated area. Being aggrieved by this order the writ petitioner preferred an appeal being appeal No. 13 of 1983. The appellant authority accepted the finding of the Revenue Officer on the point whether the land in mouza Sathkahania is within irrigated area. The writ petitioner being aggrieved has preferred this application. On the other pn4nt whether the mother of the w it petitioner or the properties belonging to her can be taken into account in determining the size of the family of the writ petitioner as well as the determining the quantum of land held by her, the appellate authority directed the Revenue Officer to give a fresh opportunity of hearing to the appellant and exclude the mother from the family of the writ petitioner as well as also exclude the land held by her mother. The question that is being agitated before this Court whether the Revenue Officer is justified in arriving at the conclusion that the lands in mouza Sathkahania is within the irrigated area. The ld. Advocate for the writ petitioner has submitted that the Revenue Officer has only relied on the notification referred to in the order. Me has neither decided the dispute in terms of Sec. 14 of the W. B. Land Reforms Act. It appears that Sec. 14k (d) defines irrigated area. It runs thus : "irrigated area means an area specie as such by the State Government, by notification in the Of5cial Gazette, being an area which is, or is in the opinion of the State Government capable of being irrigated, at any time during the agricultural year commencing on the 1st day of Baisakh, 1377 B. S. , or thereafter, from any State Canal Irrigation Project or State Power Division deep tubewell or shallow tubewell or any other state irrigation project or State river lift irrigation project. " This definition clearly indicates that the irrigated area is an area specified in a notification made by Stan Government and such an area is or in the opinion of the State Government capable or being irrigated at any time during the agricultural year commencing from Baishak, 1377 B. S. or thereafter from Canal Irrigation, etc. To treat an area as an irrigated area for the purpose of Chapter IIB of West Bengal Land Reform Act. it has to be seen that the lands. are noticed as in the irrigated area by the State Government but the notification is not the final determining point. Notification is made on consideration of the fact that in fact the land irrigated or the State Govt. is of the view that it is capable of being irrigated, only then the State Govt. can make the notification, It is clear from the provisions of Sec, 4n that such determination by the State Govt. by notification is not final Sec. 14n lays down. that if any question arise as to whether any land is