Altamas Kabir, J.

1. This appeal directed against the order of the learned Single Judge dated 5th February, 1999, dismissing the appellant's writ application (W.P. No. 1540(W) of 1999) at the very threshold, posses a question of some interest.

2. Claiming to be bargadars under their step-mother, Hassina Bewa, the respondent No.5 in the appeal, in respect of certain lands which had been gifted to her and to her daughter, Sufia Khatoon, the respondent No.6 in the appeal, by their father, the appellants applied to the Revenue Officer concerned to record their names as such bargadars under Hassina Bewa, Since the Revenue Officer refused to record their names as bargadars, the appellants preferred an appeal before the Appellate Authority under section 54 of the West Bengal Land Reforms Act, 1955, being R.A. No. 20 of 1992-93. As the said appeal was being adjourned from time to time and the Appellate Authority appeared to be disinclined to hear the appeal, the appellants herein moved a writ petition, being W.P. No. 2025 (W) of 1997, and the same was disposed of on 11th February, 1997, with a direction upon the Appellate Authority to' dispose of the appeal on merits. The Appellate Authority disposed of the appeal on 28th November, 1997, by observing that he was not convinced that the appellants came within the definition of "bargadar” under the West Bengal Land Reforms Act, 1955.

3. Being aggrieved by the order of the Appellate Authority, the appellants moved an application under Article 227 of the Constitution, being C.O. No. 236 of 1998, before this Court, but the same was withdrawn and the appellants filed a fresh writ application challenging the order of the Appellate Authority, being W.P. No. 1540 (W) of 1999, and the same was dismissed in limine by the learned Single Judge on 5th February, 1999. As indicated hereinabove, this appeal has been preferred against the said order of the learned Single Judge.

4. Appearing in support of the appeal, Mr. Achintya Banerjee submitted that in or about the month of August, 1987, the appellant's father, Mahad Middya, gifted the lands in question to Hassina Bewa and Sufia Khatoon. Mr. Banerjee submitted that prior to the making of such gift, the appellants had been cultivating the said lands under their father and had delivered share of the produce to their father. After their father's death in October, 1987, they began to deliver the share of the produce to their step-mother, the said Hassina Bewa.

5. Mr. Banerjee submitted that under Mohammedan Law, on Hassina Bewa's death, the lands in question would pass to her son by her earlier husband as the appellants as her step-children would not be recognised as her heirs. In such circumstances, the petitioners could not be said to be members of Hassina Bewa's family and' would not, therefore, come within the definition of the expression "family" within the meaning of section 14K(c) of the West Bengal Land Reforms Act, 1955, and be excluded from the definition of "bargadar' on account of their proximity to Hassina Bewa as had been observed by the Appellate Authority in R.A. No. 20 of 1992-93.

6. Mr. Banerjee submitted that the cultivation of the lands in question by the petitioners could not also be said to be by way of personal cultivation as defined in section 2(8) of the above Act, since the appellants stand outside the term family as defined in section 14K(c) thereof.

7. Mr. BaneJjee submitted that the learned Single Judge had failed to appreciate the legal position relating to inheritance under the Mohammedan Law where step-children are concerned and erred in dismissing the writ petition in limine.

8. Mr. Banerjee urged that the appellants fulfilled all the conditions for being recognised as bargadars, since they were cultivating the lands of another and delivering the owner's share of the produce from the said lands to the owners. Mr. Banerjee submitted that the expression "bargadar”, has been given a very wide meaning under section 2(2) of