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2023 Supreme(Cal) 1383

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Booster Merchandise Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Saktinath Mukherjee, Ld. Sr. Adv., Mr. Debayan Bera, Adv., Ms. Debasree Dhamali, Adv., Mr. Shubrojyoti Mookherjee, Adv.
For the Respondent:Mr. S. N. Mookherjee, Ld. Advocate General, Md. T.M. Siddiqui, Ld. Addl. Government Pleader, Mr. S. Adak, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. The petitioners have assailed the order dated December 7, 2018 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA 1315 of 2017 (LRTT).

2. By the impugned order Tribunal has negated the challenge lodged by the petitioner against the order dated February 22, 2017 passed by the appellate authority in Appeal Case No. 118 of 2016 which upheld the order passed by the Revenue Officer in Misc. Case No. 4 of 2015 under Section 57 B (3) of the West Bengal Estate Acquisition Act, 1953.

3. Learned Senior Advocate appearing for the petitioners has submitted that, the original owner of plot No. 146 measuring 0.21 acres was one Abhoy Pada Pal. Abhoy Pada Pal, since deceased, had retained various plots, including Plot No. 146 by filing a Form B on August 2, 1955. He has referred to the record of rights of Abhoy Pada Pal in this regard.

4. Learned Senior Advocate appearing for the petitioners has submitted that, on May 13, 1961, Abhoy Pada Pal since deceased, had sold his entire 13.79 acres of land including Plot No. 146 to the Gunins. Abhoy Pada Pal had died in 1964.

5. Learned Senior Advocate appearing for the petitioners has submitted that, on March 27,

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