MOOKHERJEE, J. ( 1 ) THESE two appeals are directed against the judgment and order of our learned brother M. N. Roy, J. discharge two civil rules obtained by the respective appellants in the under section 14t of the West Bengal Land Reforms Act. ( 2 ) THE Revenue Officer concerned had initiated the said case no. 8 under section 14t of the West Bengal Land Reforms Act for determining the extent of the land of Panchanan Singh, the applicant in F. M. A. T. No. 807 of 1982 and the extent of land, which was to be vested in the State out of his khas lands. Pursuant to the notice served upon him, Panchanan had appeared before the Revenue Officer and filed a statement of agricultural lands by him. The Revenue Officer considered the said schedule to the incomplete as Panchanan had not included the lands, which recorded in the names of his two unmarried daughters. Under the direction of the Revenue Officer, Panchanan Singh also filed statement of agricultural lands held by his two daughters, Minati Singh and Renuka Singh. He also purported to include married son Sailendra and one minor son as member of his family on the ground that they only owned homestead land at Goari, P. S. Krishnanagar, Dist: Nadia. The Revenue Officer refused to include Panchnan's elder son Sailendra as a member of Panchanan's family for the purpose of calculating the ceiling area, which was Panchanan's entitled to retain. The Revenue Officer held that Panchanan family should be deemed to consist of six members including two daughters mentioned above. Thereafter, he allowed Panchanan to retain 19. 03 acres of agricultural land in non-irrigated and vested rest of the lands including the lands which stood recorded in the names of the two daughters who are appellants before us in F. M. A. No. 315 of 1983, on the ground that the said land had not been retained. ( 3 ) IN our view, the learned trial judge rightly declined to allow writ petitioners to challenge the validity of the provision of Ch. IIB of the West Bengal Land Reforms Act inserting Ch. IIB have been included in the Ninth Schedule to the constitution of India and therefore, the said Act and the Amending Act stand validated under Article 31b of the Constitution of India. IIB of the West Bengal Land Reforms Act inserting Ch. IIB have been included in the Ninth Schedule to the constitution of India and therefore, the said Act and the Amending Act stand validated under Article 31b of the Constitution of India. The Supreme court in the case of Sasanka Sekher Maity and other v. Union of India and others AIR 1981 S. C. 522 and also in the case of Sri. Kalimata Thakurani and Raghunath Jew and others. Union of India and others A. I. R. 1981 S. C. 1030, has already upheld as intra virus the provisions of Ch. IIB of the West Bengal Land Reforms Act. Mr. Harinarayan Mukherjee, appearing on behalf of the appellants, had tried to urge that the definition in section 14k (C) of the West Bengal Land reforms Act makes an unreasonable differentiation in treatment between unmarried daughters and unmarried adult sons of a raiyat. An unmarried daughter irrespective of the fact whether she holds any land as a raiyat is to be considered as a member of the family of a raiyat whereas the raiyat's unmarried adult son who does not hold any land as a raiyat, shall be deemed to be a member of the raiyat's family. We can only observe that in view of facts already recorded, the appellants are precluded from challenging the constitutional validity of the definition of 'family' given in section 14k (c) of the West Bengal Land Reforms Act. ( 4 ) THERE is however considerable substance in the other submission of Mr. Harinarayan Mukherjee that in the facts of this case the revenue Officer has committed an error of jurisdiction by refusing to include Sailendra, the adult married son of Panchanan, on the ground that he held a homestead land at Goari within the municipal limits of Krishnanagar. Mr. Mukherjee has rightly submitted that there was no finding by the Revenue Officer that Salilendra, the said married adult son of Panchanan held any agricultural land. According to section 2 (7) of the West Bengal Land Reforms Act, 'land' means agricultural land other than land comprised in a tea garden ??. and includes homesteads but does not include tank. According to the explanation to the said clause homestead' shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953. According to section 2 (7) of the West Bengal Land Reforms Act, 'land' means agricultural land other than land comprised in a tea garden ??. and includes homesteads but does not include tank. According to the explanation to the said clause homestead' shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953. In other words, section 2 (7) of the West Bengal Land Reforms Act has incorporated and adopted the definition of 'homestead' given in section 2 (g) of the West Bengal estates Acquisition Act. Under the present law, a homestead ipso facto is not an agricultural land. It is only the homestead of a raiyat that has to be considered as an agricultural holding. The amended definition of 'land' in section 2 (7) of the West Bengal Land Reforms Act has; no doubt, enlarge the meaning of land by bringing within its fold 'homestead' of a raiyat. There is no warrant for the view that every homestead is agricultural land irrespective of the fact whether the person owning such homestead is a raiyat or not. Even if we do not subscribe to the extreme view that unless the homestead is included in a holding which also comprises lands used by for agricultural purposes. homestead will not be governed by the West Bengal Land Reforms Act, the intendment of the law is that when a person holds land for agricultural purposes and is a raiyat, his status also in relation to his homestead would be that of a raiyat. But in case the person who owns a homestead does not hold any land for agricultural purposes his status in relation to his homestead would not be that of a raiyat. ( 5 ) FOR the foregoing reasons, we propose to remit the matter back to the Revenue Officer for fresh disposal of the proceeding under section 14t of the west Bengal Land Reforms Act. The Revenue Officer will hold further enquiry to find out whether Sailendra, the married adult son or his unmarried daughter or minor son hold any agricultural land besides Sailendra's homestead at Goari, Krishnanagar. In case it is found that Sailendra or members of his family do not hold any agricultural land, then in computing the number of members of Panchanan's family, Sailendra is to be included and the ceiling area of the land retainable by Panchanan shall be re-determined accordingly. In case it is found that Sailendra or members of his family do not hold any agricultural land, then in computing the number of members of Panchanan's family, Sailendra is to be included and the ceiling area of the land retainable by Panchanan shall be re-determined accordingly. For this purpose, the revenue Officer will give a fresh opportunity to Panchanan to exercise his option to retain his lands. We have held that the appellant in Appeal No. 315 of 1983, Renuka Singha and Minati Singha, have been rightly included as members of Panchanan's family. As Panchanan would be given a fresh opportunity to exercise his option, it would be open to him to consider whether lands standing in the name of his two daughters would be included in his said retained lands. Pending fresh disposal of the proceeding under section 14t of the West Bengal Land Reforms Act, the respondents will remain restrained from treating the lands standing in the name of Panchanan and members of his family as vested lands. After disposal of the proceeding under section 14t, all parties would be at liberty to proceed according to law. ( 6 ) THE appeals are disposed of in the above terms. There will be no order as to costs. Let a copy of this order be prepared by the office and served upon Mr. Tapas Mukherjee, learned advocate for the respondents. Shamasuddin Ahmed, J. : I agree. Appeal disposed of.