Pratap Kumar Ray, J:

Assailing the order dated 25th September, 2008 passed in Original Application No.281 of 2007 (LRTT) by the West Bengal Land Reforms & Tenancy Tribunal, this application under Article 226 of the Constitution of India has been filed by the applicants of original application. The impugned order read such:

“ The case of the applicants is that one Debendranath Dey Sarkar of Baishnabghata P.S. Tallygunj Sadar, Dist. 24 Pgs. South was the owner of the subject land measuring about 48.27 acres by virtue of a partitiion suit amongst his co-sharers, hereafter referred to as the subject land, situated at Mouza Atghora, J. L. 5, Khatian No.30. The partition deed was of the year 1945. Since after partition, said Debendranath Dey Sarkar remained in right, title and possession thereof. Out of the subject land, 47.50 acres of land were known as “Barkhel Bheri” and the rest agricultural lands. Said Debendranath Dey Sarkar died on 19.12.49, leaving behind his wife Mrinalini who died on 23.6.90, son Hirendranath Dey Sarkar also since deceased on 24.10.02 and three daughters viz., Renuka Ghosh, Latika Basu and Sefalika Basu since all deceased. Hirendranath Ghoshleft beh