( 1 ) THE issue involved in the appeal is whether there can be any proceeding under Chapter II B of West Bengal Land Reforms Act in the absence of any notification under West Bengal Land Reforms Act extending the provisions of the West Bengal Land Reforms Act to the transferred territories. It is also in issue as to whether any surplus land is liable to be vested without acquiring physical possession theereof by the State.

( 2 ) FOLLOWING the initiation of a proceeding under Section 14 T of the west Bengal Land Reforms Act, 1995 in respect of lands held by the raiyat namely Ram Mohan Das of Karandighi, West Dinajpur, the concerned raiyat raised an objection with regard to the purported vesting of alleged surplus land. It was registered as objection case No. 89 of 1976. On examination of all the relevant documents and the evidence, it was held that Ram Mohan das arid his family were entitled to retain 17. 30 acres of non-irrigated agricultural land. 9. 33 acres of non-irrigated agricultural land was directed to be vested in the Stale with effect from 15/02/1975. It was contended by the legal heirs of Ram Mohan Das that the statement contained in the return in