9 anas in three jamas of rs.
the learned single judge directed an action under sec.
1188 and odd in khata number 102 rs.
the revenue officer found from finally published record of rights that the lands in question were classified as beel marshy land and tank fisheries would he classified as beel mash khas.
396 and odd in khata number 128 and rs.
feeling aggrieved against the said direction the above appeal under art.
from the judgment and order dated 8.10.1991 of the calcutta high companyrt in f.m.a.t.
the respondent succeeded in his appeal under sec.
3024 and odd in khata number 131.
the first respondent a limited companypany filed under art.
civil appellate jurisdiction civil appeal number 2485 of 1992.
the judgment of the companyrt was delivered by ramaswamy.
j. special leave granted.
while allowing the appeal this companyrt held that the crucial date for consideration whether the lands were being used as tank fishery was the date of the vesting and subsequent conversion was number material and that by operation of sec 6 2 of the act the tank fishery stood excluded from the operation of sec.
on appeal the division bench in the impugned judgment held that the appellants should take action under the west bengal land reforms act 1955 within a period of two months from the date of the said judgment and on its failure the respondents would be at liberty to deal with and dispose of the lands in its own manner.
kapur for the respondents.
so the division bench directed to take action under the land reforms act.
number 2532 of 1991.
number 26 mouza chowkgaria within p.s.
10 2 of the act after giving an opportunity to the respondents and to take possession of the said lands pursuant thereto.
number 2532 of 1991.
226 of the companystitution of india civil order number 16339 w of 1988 for a mandamus to refrain the appellants from giving effect to the vesting of the lands in dag number 1 khatian number 10 tauzi number 56 j.l.
shankar ghosh raj kumar gupta and p.c.
the learned single judge and the division bench of the high companyrt found that when the revenue officer initiated proceedings to revise the old jama rs.
shri p.s.
this appeal arises against the judgment dated october 81991 of the division bench of the calcutta high companyrt made in f.m.a.t.
s. poti and rathin das for the appellants.
