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2011 Supreme(Cal) 718

ASHOKE KUMAR DASADHIKARI, PRANAB KUMAR CHATTOPADHYAY
Subhas Chandra Banik – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Saktinath Mukherjee, Santimoy Panda, Tapas Kumar, Indrajit Sen, Sitaram Samanta

JUDGMENT

PRANAB KUMAR CHATTOPADHYAY, J.

1. THIS writ petition has been filed assailing the judgment and order dated 9th August, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 548 of 2008 whereby the said learned Tribunal dismissed the application on merits.

2. THE relevant facts which are necessary to decide the issues raised in this writ petition are stated as under : By a registered Deed of Sale dated 27.07.2001 Sri Sukdeb Pal and others, (hereinafter referred to as the " Pal Brothers") transferred the land altogether measuring 380 acres in L.R. Plot No. 2702 and 2701 under L.R. Khatian No. 1642/7 in Mouza Sadhanpur, P.S. Burdwan, District. Burdwan. The predecessors of the said Pal Brothers by registered Deed of Arpannama dated 22.12.1923 dedicated the properties described in the said Deed of Arpannama in favour of the family deity " Salagram Sila" (Sri Sri Narayan Jew) duly consecrated and installed in their dwelling house, namely, " Pal Building" at B.B. Ghosh Road, Burdwan. The Arpannama interalia provided for secular use of only 1/4th part of the income and usufruct of the dedicated property. Over a dispute about the collection from and management































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