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2001 Supreme(Cal) 561

D.K.Seth
Kalicharan Saha – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Amalesh Roy, Debasis Goon for the petitioners;
Manjuri Gupta, Ila ChatteIjee for the State.

JUDGMENT

D.K. Seth, J.: In this case the petitioners claim that they are occupying the land on the bank of the Laldighi since being settled to them for homestead purpose. As they are using the said land in their occupation as homestead, they had applied for long term settlement of the said land. In this writ petition, interim order was obtained which is due to expire today. The matter has appeared in the list for extension of interim order. At this stage, the maintainability of the writ petition before this Court was questioned.

2. Learned Counsel for the petitioner contended that the long term settlement of the said land, which, according to him, is a non-agricultural land, is made under chapter XV of the West Bengal Land and Land Reforms Manual, 1991. It is not made under section 49 of the West Bengal Land Reforms Act, 1955 read with Rule 20(A) of the West Bengal Land Reforms Rules, 1965. Nor it is made under the West Bengal Estates Acquisition Act, 1953. Therefore, the exercise under taken under the Land Reforms Manual will not be an exercise of any jurisdiction pertaining to the provisions of West Bengal Land Reforms Act, 1955, a specified Act as defined under section 2(r) of the


















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