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1981 Supreme(Cal) 51

G.N.RAY
Kutubuddin Ahmed – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Saktinath Mukherjee Mrinal Kanti Das, Samaresh Nandy for the petitioner;
P.K. Chatterjee, Mrs. Gita Gupta for the State.

ORDER

In this Rule, the initiation of a proceeding under S. 14T(3A) of the West Bengal Land Reforms Act in Case No. 356/Sadar/MKD/76 and the adjudication made therein are under challenge.

2. The petitioner's case is that the petitioner's father Late Chand Md. Sarkar was the owner in possession of agricultural lands of different categories and before the vesting of his estate under the West Bengal Estates Acquisition Act, the said Chand Md. had died leaving behind him the petitioner his brother Amiruddin Ahmed and sisters namely Anuara Khatun and Meher Afjan and the mother Rahima Khatun as his heirs and legal representatives and the said persons inherited the properties left by the said Chand Md, Under the West Bengal Estates Acquisition Act, the petitioner, and the said other heirs were Raiyats under the Act and they were entitled to retain the said lands independently and, as a matter of fact, each of them had retained lands upto 25 acres, namely, up to the prescribed ceiling under S. 6(1) of the said Act by filing returns in Form 'B'. In the record of fights finally published under the said Act, the names of the petitioner and the said persons were also recorded. Subsequently, the











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