JUDGMENT :

DEBANGSU BASAK, J.

1. Writ petitioner has assailed the order dated August 30, 2004 passed by the West Bengal Land Reforms and Tenancy Tribunal in Misc. Case No. 197/204 (LRTT) arising out of OA 1979 of 2003 (LRTT).

2. By the impugned order, the Tribunal has held that, the land in question stood vested with the State and that the State is free to take possession thereof in terms of Section 10 (1) read with Section 10 (3) of the West Bengal Estate Acquisition Act, 1953. The Tribunal has upheld the order dated March 12, 2000 passed in Case No. 7 of 2000 by the District Land and Land Reforms Officer and dismissed the Original Application of the writ petitioner.

3. Learned advocate appearing for the writ petitioner has submitted that, the writ petitioner is a cooperative society, registered under the Co-operative Societies Act. The writ petitioner is the owner and occupier and has been in physical possession of plot Nos. 1, 2, 3, 45, 76 and 89 aggregating to an area of 79.11 acres comprised in JL No. 25 under R.S. Khatian No. 8 in Mouza Nayabad.

4. Learned advocate appearing for the writ petitioner has contended that, the land in question originally belonged to the Mondals who gav