ORDER 1. In this writ applications vesting orders dated 1.9.87 and 10.9.87 passed by the Revenue Officer, Ghatal in case no. 86 of 81 are under challenge. 2. Writ petitioner’s case in short is that he holds 11 acres of agricultural lands in non-irrigated area in Mouza Gopalpur, P.S. Chandrakona, District Midnapur His family consists of himself and four sons. A notice was issued on him dated 5.8.81 to submit necessary statement of land and further land purchased by him and also all lands transferred by him after August 7, 1969 as well as the composition of his family as on 15.2.71. The matter was heard on 29.8.81 but no order was passed on that date. On 3.9.81 he moved on application being C.R. No. 9838 (W) of 81 and obtained an order of stay of all further proceedings. The said writ application was disposed of on 3.7.81 by setting aside the order passed by the Revenue Officer. if any and also directing the petitioner to file a return in form 7A and also directed the Revenue Officer to decide the case in accordance with law Accordingly, he filed a return in form 7A of the total land as on 15.2.71. On 1.9.87 when the matter was taken up for hearing the writ petitioner raised on objection under S.14N of the West Bengal Land Reforms Act and claimed an enquiry whether his lands are situated in irrigated area or nor The petitioner was allowed to retain 6.18 acres of land and treated his family as consisting of him alone. The lands were treated as in the irrigated area As the certified copy was not granted to him he moved this Court, the sold writ application was disposed of by me with a direction to supply the certified copy of the order within six months and also restraining the respondents from giving any effect of the order of vesting until 3 weeks after the supply of the certified copy. By the said order the Revenue Officer had decided that all lands held by the raiyat were irrigated and also decided by applying as 14L & 14Y of the West Bengal Land Reforms Act that his family consisted of only one member as the other members have become major on the date of the decision. By the said order the Revenue Officer had decided that all lands held by the raiyat were irrigated and also decided by applying as 14L & 14Y of the West Bengal Land Reforms Act that his family consisted of only one member as the other members have become major on the date of the decision. They have also challenged the finding of the Revenue Officer that some plots of land belonged to his wife and ultimately devolved on his four sons. According to him the land belonged to him and he had purchased the same in benami of his wife. Accordingly, the writ petitioner has come up with this writ application. 3. As it appears the writ petitioner has raised mainly two questions in this writ petition, one of them is that even though he raised the question whether the land is within the irrigated area that was not determined by the Revenue Officer in terms of the provisions of S.14N of the W.B. Land Reforms Act. Section 14 N clearly lays down that if any question arises as to whether any land is or is not within an irrigated area such question shall be determined by the prescribed authority in such manner as may be prescribed. The method prescribed under this section is contained in rule 14B of the W.B. Land Reforms Rules. The Rule provides that the prescribed authority shall hold such enquiry as he may think necessary record a memorandum of such enquiry and after giving the raiyat a reasonable opportunity of being heard shall give his decision with reasons therefor. On perusal of the impugned orders. It appears that the Revenue Officer decided the lands to be within irrigated area only on the finding that it is within notified area. Irrigated area has been defined in s.14K(d). It means an area specified as such by the State Government by notification in the Official Gazette being an area which is or is in the opinion of the State Government can be of being irrigated at any time during the agricultural year commencing on the 1st day of Baisakh, 1377 B.S. or thereafter from any State canal irrigation project, State power driven tubewell or shallow tubewell or State rives lift irrigation project With regard to the determination of the irrigated area the Board of Revenue by a circular no. 395(15) GE Calcutta dated 12.1.73 clarified the position. 395(15) GE Calcutta dated 12.1.73 clarified the position. It was admitted in the said notification that some areas were notified as irrigated area but the same do not get water and the prescribed authority was directed to hold an enquiry in terms of the provisions of rule 14B. From the definition of the irrigated land noted above it is clear that in determining whether a land is within the irrigated area the first condition is to see that it is within the notified area as made by the Government but the said notification cannot be the sole basis for determining whether the land is within the irrigated area. In specific cases whenever the question is raised the Revenue Officer who is now the prescribed authority under s.14N has to hold an enquiry and find out whether the land in question is within irrigated area as defined in s.14K(d). In doing so, he must give a hearing to the raiyat as well as prepared memorandum of enquiry held by him. There are obligatory steps for determination whether the land is within irrigated area or not. On perusal of the order it appears that this has not been done by the Revenue Officer and the writ petitioner’s challenge on this score succeeds. 4. The next contention raised by Mr. Panda on behalf of the writ petitioner is that the ceiling area has to be determined only with reference to the date of coming into force of Chapter IIB of the W.B. Land Reforms Act. It came into force on 15.2.71. The situation prevailing on the said date with regard to the amount of land owned by a raiyat and the number of members of the family of the raiyat concerned as on that date is the only consideration by the Revenue Officer, he cannot take into account the subsequent changes in the amount of land owned by the raiyat as well as change in the composition of his family. The question raised by Mr. Panda has to be gone into by examining the scope and specific provisions of Chapter IIB of W.B. Land Reforms Act Chapter IIB consists of ss. 14J to 14Z. Section 14J provides that provisions of Chapter IIB to have an overriding effect. The question raised by Mr. Panda has to be gone into by examining the scope and specific provisions of Chapter IIB of W.B. Land Reforms Act Chapter IIB consists of ss. 14J to 14Z. Section 14J provides that provisions of Chapter IIB to have an overriding effect. Section 14L provides that on and from the commencement of the provisions of this Chapter no raiyat shall be entitled to own in the aggregate any land in excess of the ceiling are applicable to him under s.14M Section 14M imposes a ceiling area on a raiyat with reference to the number of members in his family on the date when Chapter IIB came into force. Sections 14N and 14O deal with the determination of irrigated area and an appeal against such determination. Section 14P provides that land transferred after 7th August, 1969 to be taken into account for determining the ceiling area Section 14Q deals with ceiling are in special cases. Section 14R deals with exemption from the provisions of s.14M. Section 14S lays down that on the commencement of the provisions of this Chapter any land owned by a raiyat in excess of the ceiling area applicable to him shall vest in the State, free from all encumbrances It also deals with cases where a bargadar shall be deemed to be a raiyat. Section 14T imposes a duty on the raiyat to furnish return within such time as may be prescribed containing the full description of the land which he proposes to retain within a ceiling limit under s.14M and also a full description of the land which is in excess of a ceiling area and such other particulars as may be prescribed. Sub section (3) of s.14T provides for determination by the Revenue Officer on receipt of return under sub-s. (1) or (2) or on his own motion determine the extent of land which is to vest in the State under s.14S and take possession of such lands Section 14U imposes restriction on transfer of lands after the publication of W.B. Land Reforms Act, 1971. Sections 14V and X deal with payment of amount and jurisdiction of a Civil Court Section 14Y lays down that if any raiyat acquires any land whether by transfer, inheritance or otherwise, after the commencement of the provisions of this Chapter and such land, together with the land owned by him, exceeds the ceiling area applicable to him under s.14M, the of land which is in excess of such ceiling area shall vest in the State and all the provisions of this Chapter relating to ceiling on holding shall apply to such land. Section 14Z has been incorporated in the Act by West Bengal Land Reforms (Amendment) Act, 1981. It may be mentioned that in dealing with the scope of the Act I have not taken into consideration the amendments made by Amending Act of 1981. Refereeing to the scope of the Act Mr. Panda contended that ceiling limit requires to be determined under s. 14T(3) with reference to the date viz 15.2.71. Subsequent changes after 15.2.71 cannot be taken into account. In support of his contention Mr. Panda has placed his reliance mainly on two decisions of the Supreme Court 1982 SC 865 and 1971 SC 2134. These two cases cropped up under the provisions of Maharashtra Agricultural Lands (Ceiling on Holding Act 1961) Section 4 of the said Act prohibited holding of land in excess of ceiling area and also provided that area in excess of ceiling to be surplus land. Ceiling area has been provided in s.5. Section 8 puts restrictions on transfer on or after the appointed day. Section 9 imposes restriction on acquisition of land in excess of ceiling area. Section 12 imposes an obligation to submit returns. Ceiling area has been provided in s.5. Section 8 puts restrictions on transfer on or after the appointed day. Section 9 imposes restriction on acquisition of land in excess of ceiling area. Section 12 imposes an obligation to submit returns. Clause 12(1)(a) provides that if any person has at any time after the 4th day of August, 1959 but before the appointed day held, or (b) on or after the appointed day acquires, holds or comes into possession of any land in excess of the ceiling area or (2) whose land is converted into another class of land in the circumstances described in s.11, thereby causing his causing his holding to exceed the ceiling area then – (i) in the case of under sub-clause (a) of clause (i) within six months from the appointed day and (ii) in the case under sub clause (b) of clause (i) within 3 months from the date of taking possession of any land in excess of the ceiling area and (iii) in the case under sub-clause (ii) within 3 months from the date of such conversion shall submit a return. Mr. Panda submitted that effect of this provisions are similar to the provision of ss.14L, 14S & 14Y taken together. The provisions being similar the decision referred to above by the Supreme Court squarely applies to the provisions of the W.B. Land Reforms Act as well in this respect. 1971 decision of the Supreme Court referred to above. Paragraph 17 has laid down that the scheme of the Act seems to be determined the ceiling area of each person(including a family) with reference to the appointed day. The policy of the Act appears to be that on and after the appointed day no person in the State should be permitted to hold any land in excess of the ceiling area as determined under the Act. The ceiling area would be that which is determined as on the appointed day. It further held “the ceiling area of fixed would not be liable to fluctuations with the subsequent increase or decrease in the number of its members, for, there is, apart from the explicit language of ss.3 & 4 no provisions in the Act providing for the determination of the ceiling area of a family on variation in the number of its members. The argument that every addition or reduction in the number of members of a family requires a re-determination of the ceiling area of such a family would mean and almost perpetual fixation and a re-fixation in the ceiling area by the Revenue authorities. A state of affairs hardly to have been contemplated by the legislature. The argument would also mean that whether a surplus area is already determined or allotted to the landless persons such area would have to be taken back and given to a family, the number of whose members subsequently has augmented by fresh births”. This paragraph was approvingly quoted in the other decision viz AIR 1982 referred to above. It appears from the provisions of s.14S that it clearly lays down that on the commencement of the provision of Chapter IIB any land owned by a raiyat in excess of the ceiling area applicable to him shall vest in the State free from all encumbrances. This clause appears to be identical in effect with s.4 of the Maharashtra Act. Section 14 T of the W.B. Land Reforms Act imposes on a raiyat owning land in excess of ceiling area to furnish a return in the prescribed form within time prescribed. Section 14T(3) deals with determination by the Revenue Officer the extent of land which is to vest in the State under s.14S. These provisions are similar in effect to the provisions of s.12(1)(a) read with clause (i) of sub-s. (2) thereof and provisions of s.14 read with s.21 of the Maharashtra Act. It will appear that x.14S has provided that land in excess of ceiling are applicable to a raiyat shall vest in the State on the commencement of the provisions of Chapter IIB. So any determination to be made under s.14T(3) primarily relates to the date on which Chapter IIB came into force viz., 15.2.71. The land held by the raiyat on that date as well as the number of members of the family of the raiyat as on that date are the factors to be taken into consideration in such determination of ceiling limit by the Revenue Officer. This Act has not provided the mode of vesting under s.14S of the Act. It is, therefore, very clear that first determination with regard to the ceiling area to be held by a raiyat has to be made with reference to that date alone. This Act has not provided the mode of vesting under s.14S of the Act. It is, therefore, very clear that first determination with regard to the ceiling area to be held by a raiyat has to be made with reference to that date alone. Subsequent factors cannot be taken into account. But this is so if we do not take into account the provisions of 14L and 14Y which I propose to take up later in the instant case the Revenue Officer has decided the composition of the family member as on the date of determination made by him. He has found that from the return submitted by the raiyati it appeared to him that on the date of vesting viz. 15.2.71 his four sons were minors as was indicated from their age noted in the said return Calculating the time from that date till the date of determination the Revenue Officer came to the finding that on that date they became majors. He also found that four sons of the raiyat held land on their own. Accordingly, he excluded them from the family of the raiyati and held that the family consisted of raiyat alone and on the same basis he has passed the order of vesting. Such action in exercise of powers under s.14T(3) is not at all contemplated by the provisions of Chapter IIB. Nowhere in the Act It is indicated that the ceiling will very according to the variation in the composition of the family after the date on which Chapter IIB came into force. In this regard the provisions of the Maharashtra Act as well as the W.B. Act are similar in nature and the determination made by the Supreme Court, therefore, applies in all force in respect of such determination. A determination under s.14T(3) has to be made only with reference to the date on which Chapter IIB came into force. State of affairs as existed on that date are the only materials for consideration of the Revenue Officer under s. 14T(3). A determination under s.14T(3) has to be made only with reference to the date on which Chapter IIB came into force. State of affairs as existed on that date are the only materials for consideration of the Revenue Officer under s. 14T(3). Accordingly, I hold that the Revenue Officer has erred in law in determining the composition of the family of the writ petitioner as on the date the impugned order was passed by the Revenue Officer and not with reference to the date on which Chapter IIB came into force This view is supported by a decision of this court reported in 86 CWN p 154. 5. With regard to the provisions of s.14L and 14Y Mr. Panda submitted that in terms of the position of the Supreme Court in AIR 1971 it is clear that the Court has decided that there cannot be a recurrent determination of ceiling by the prescribed authority. According to him ss.14L and 14Y are similar in effect with the Maharashtra Act and taking into consideration the provisions of the Maharashtra Act the Supreme Court has arrived at that decision. Therefore, in interpreting the provisions of the W.B. Land Reforms Act the decision arrived at by the Supreme Court will be equally applicable. It appears to me that Mr. Panda is not correct in his submission that the Supreme Court decided that in no case a re-determination of the ceiling limit can be made only because, It was decided earlier by the Revenue Officer once. I have already noted the provisions of the Maharashtra Act in paragraph 18 of AIR 1971 SC 2137 the Court stated. “It is true that s.12 does lay down an obligation on a person to furnish to the Collector a return containing particulars of all lands held by him if he has held in time after August 4, 1959 but before the appointed day or as on or after the appointed day acquired or held or has come into possession of any land in excess of the ceiling area as envisaged in s.10(2) or whose lands are converted into any other class of land as a result of the expiry of the period or dates specified in s.2(5) or whose land is converted into any other class for the reasons given in s.11 and the Collector then has to hold an enquiry and declare his excess land under s.21. But these are the only cases contemplated where there would have to be a reapprisal of the ceiling area otherwise the Act as aforesaid visualizes the ceiling area of every person with reference to the conditions prevailing on and the land held by him as on the appointed day. “It is, therefore, clear that with regard to subsequent acquisition of land in excess of ceiling area or land exceeding ceiling limit by virtue of its conversion into the irrigated land it was authorised by the Maharashtra Act to reapprise the case. Let us now examine what is the provisions of the W.B. Land Reforms Act in this regard. Section 14L has provided that on and from the commencement of Chapter IIB no raiyat shall be entitled to own any land in excess of ceiling area. There is no doubt that s.14L puts a bar to own lands exceeding the ceiling area on the date when Chapter IIB came into force as well as on any other date subsequent thereto. There is no ambiguity in the language of the section in this regard. Section 14Y has already been quoted above. It puts a limitation on future acquisition or land. Any raiyat who acquires any land whether by transfer, inheritance or otherwise after Chapter IIB has come into force of such land meaning lands acquired after that date by the raiyat together with land owned by him cannot exceed ceiling limit applicable to him under a 14M. It further provides that the area of land which is in excess taking into account the land acquired subsequent to the provisions of the Chapter IIB came into force as well as land held by the raiyat prior to the date of acquisition exceeds ceiling limit the land in excess shall vest in the State and all the provisions of the Chapter relating to ceiling on holding shall apply such land. On an analysis of this section. It is clear that it makes a special provision of vesting of land in excess of ceiling limit taking into account the land already held by the raiyat as well as the lands acquired subsequent to the date on which the provisions of Chapter IIB came into force. On an analysis of this section. It is clear that it makes a special provision of vesting of land in excess of ceiling limit taking into account the land already held by the raiyat as well as the lands acquired subsequent to the date on which the provisions of Chapter IIB came into force. It also provides that to give effect of such order of vesting under s.14Y all the provisions of Chapter IIB relating to ceiling on holding will also apply to such land. This provision brings into operation the provisions of s.14T in respect of land which are in excess of ceiling limit under s.14Y of the W.B. Land Reforms Act. It cannot, therefore, be said that in any case the factors subsequent to the date of initial vesting can not be taken into account. Supreme Court also in the decisions referred to above has clearly stated that in respect of cases for which the specific provisions has been made separately and that not with reference to the appointed day. 6. As a result, I find that under the provision of ss. 14L, 14S and 14T (3) of the W.B. Land Reforms Act the Revenue Officer has to determine the ceiling limit of a raiyat with reference to the date on which Chapter IIB came into force and in determining such ceiling limit he cannot take into consideration any subsequent change in respect of acquisition of land or any composition of the family of the writ petitioner while making the initial determination under s.14T(3) he shall have to decide the case strictly with reference to the date of which Chapter IIB came into force. But provisions of s.14Y authorise the Revenue Officer under s.14T(3) to initiate a fresh proceeding for further vesting in terms of the provisions of s.14Y but such a proceeding has to be a new proceeding as there may be cases that after the determination with reference to the date on which Chapter IIB came into force, the properties held by the raiyat at that time might have been disposed of in accordance with law. The provisions of the W.B. Land Reforms Act does not authorise the Revenue Officer to take into consideration the composition of a family at any subsequent stage to the date on which Chapter IIB came into force. The provisions of the W.B. Land Reforms Act does not authorise the Revenue Officer to take into consideration the composition of a family at any subsequent stage to the date on which Chapter IIB came into force. Composition of a family as on the date on which s.14Y is attracted to a particular raiyat the composition of the family as on that date has to be taken into consideration, otherwise there is no scope of altering the determination already made by a Revenue Officer with reference to the date on which Chapter IIB came into force on the basis of subsequent change in the composition of the family of the raiyat. 7. As a result of my finding as above, this writ application succeeds and the order impugned is set aside. The matter will now go back to the Revenue Officer who will determine the same in accordance with law and in the light of the observation made hereinabove. There will be no order as to costs. Application allowed; direction give for re determination