1. THIS writ application arises out of a proceeding under section 14t read with section 14m of the west Bengal Land Reforms Act, 1955 for determining the extent of the petitioner's land which is to vest in the State. The Revenue Officer, Settlement 'b' camp, Midnapore by his order dated 4th September, 1979 determined that the petitioner was entitled to retain 12-36 acres of land and that his remaining lands would vest in the State. In calculating the extent of land which the petitioner was entitled to retain, the Revenue Officer had considered that all his lands including his homestead were situated within irrigated area. Both the petitioner's homestead and the tank in Plot No. 486, Khatian No. 252, mouza Kamararah, are situated within limits of the Midnapore Municipality. Other tanks owned by the petitioner have been, however, treated as non-agricultural lands.

2. BEING aggrieved thereby the petitioner preferred Revenue Appeal No. 67-L. R. of 1979. The Additional District magistrate Midnapore by his order dated 22nd June 1981 rejected the said appeal holding inter-alia that the tank in Plot No. 486 Khatian No. 252 mouza Kamararah forms part of the petitioner's homestead a