(1.) IN this writ petition the purported correction of the record of rights under section 50 (e) of the West Bengal lend Reforms Act by incorporating the name of the bargadar is under challenge. It appears that the Junior Land Reforms Officer, Uluberia-I, exercising his powers as revenue Officer passed an order on an application made by one Krishnapada Dolul that the said Dolui was the bonafide bargadar for the lands in question and under section 50 (e) of the West Bengal Land Reforms act, his name should be entered in column 23 of the concerned khatian. The petitioners contend that under the provisions of section 50 (e), a Revenue Officer especially empowered by the State Government shall maintain upto date in the prescribed manner the village record of rights by incorporating therein the changes on account of -a) mutation of names as a result of transfer or inheritance ;. b) partition, exchange, or consolidation of lands comprised in holding, or establishment of Co-operative Farming Societies ; c) new settlement of lands or of holdings; d) variation of revenue ; e) alteration in the mode of cultivation, for example, by a bargadar; f) such other cases as necessitate a change in the record of rights.

(2.) THE prescribed manner referred to in section 50 of the West Bengal Land Reforms Act has been provided for in Rule 21 of the West Bengal Land Reforms Rules and it appears from sub-rule (1) of Rule 21 that whatever change is required to be made in the record of rights on account of any of the causes mentioned in clauses (a) to (f)of section 50 of the Act, the matter should be brought to the notice of the Revenue officer especially empowered by the State government for maintaining upto date the village record of rights and all papers containing the original orders passed in mutation and other cases or authenticated copies of such orders shall be made available to him. On receipt of the original orders or authenticated copies thereof, the Revenue Officer shall make necessary corrections in the record of rights and shall subscribe his signature to such correction noting the authority under which the corrections have been made. After the corrections have been made, the Revenue Officer shall inform the parties concerned and if necessary the settlement Department of the changes made in the record of rights. Sub-rule (2) of Rule 21 provides that notwithstanding the provisions of sub-rule (1) the Revenue officer may on his own motion incorporate in the village record of rights any change on account of alteration in the mode of cultivation, for example, by a bargadar mentioned in clause (e) of section 50 after making such enquiry including on the spot enquiry and inspection as he may deem fit and after giving the parties interested an opportunity of being heard. After the change has been incorporated, the Revenue officer shall inform the parties concerned and if necessary the Settlement Department of such change in the record of rights and shall grant to such bargadar a certificate in form 8 B.

Learned Counsel for the petitioners contends that sub-rule (2) of rule 21 was added by a notification dated September 19, 1978, published in the Calcutta Gazette (Extra-Ordinary) dated September 29, 1978 but the said sub-rule (2) was later on substituted by a notification dated June 11, 1979. As the old sub-rule (2) has since been substituted, it is not necessary to refer to the old sub-rule (2) and in the instant case the order under section 50 (e) having been passed after June 11, 1979, namely, after the date when the substituted new sub-rule (2) of rule 21 has come into force, it is necessary to refer to the existing sub-rule 2. Learned Counsel for the petitioners contends that on a reference to Rulei21 (2) and Section 50 it will be apparent that the revenue Officer especially empowered under Section 50 is not required to decide on his own anything relating to clauses (a) to (f) of Section 50. For the purpose of maintaining an upto dat