Sarkar Prasad Mitra, C.J.

This Rule has been referred to a larger Bench by Mr. Justice M.N. Roy on the 5th April, 1977.

2. The petitioner in an application under Article 226 of the Constitution has sought to impeach the attempt of the respondent, Junior Land Reforms Officer, Kukrahati, Midnapur, to distribute 37 acres of land out of lands held by the petitioner to other settlees who are respondents nos. 4 and 5.

3. The petitioner's case is that at all material times he was, and still is, a bargadar in respect of 74 acres of land, situate at Mouza Iswardaha. The petitioner and his brother have cultivated the said land in equal half share under the erstwhile landlord, Bhabani Charan Mitra. The landlord, admittedly, held lands above the ceiling fixed by the West Bengal Estates Acquisition Act, 1953.

4. The respondents in their affidavits-in-opposition have admitted that the petitioner was a bargadar. They have also admitted that the petitioner was recorded as a bargadar before the vesting of the land. They have admitted further that the petitioner deposited necessary fees, like others, for obtaining licence in respect of the land but the fees were received subject to the approval