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1983 Supreme(Cal) 90

CHITTATOSH MUKHERJEE
In re: Sambhunath Pal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
P.B. Saha, S Biswas for petitioner;
Mrs. M. Gupta for State.

ORDER

Being aggrieved by the order of the Additional District Magistrate (L.R.), Midnapore dismissing his appeal preferred against an order of the Revenue Officer, Garhbeta under S 14T(3) of the West Bengal Land Reforms Act, 1956, the petitioner filed this Writ application. Notices have been served upon the respondents and they have appeared to oppose the application.

2. Two principal questions arise for determination. While conducting a proceeding under S. 14T of the West Bengal Land Reforms Act, 1956, whether the Revenue Officer has any jurisdiction to decide the bona fides of a transfer made before 7th August, 1969. In other words, can the Revenue Officer lawfully determine whether a transfer made by a raiyat on 7th August, 1969 or an any earlier date was a benami transaction and also can he enquire as to whether a land purchased from a third party prior to 7th August, 1969 in the name of his son was really made on behalf of the raiyat himself. Second point is when another person has a life interest in a plot of land and the raiyat has a vested remainder therein, whether for the purposes of S. 14S and 14T of the West Bengal Land Reforms Act, the raiyat, who has only vested remaind




































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