D. K. SETH, J. ( 1 ) -PETITIONER claims non-agricultural tenancy in respect of the land and therefore he claims that he cannot be evicted by reason of lease granted to him in 1980. Petitioner claims non-agricultural tenancy in respect of the land and therefore he claims that he cannot be evicted by reason of lease granted to him in 1980. ( 2 ) THE definition 'land' was substituted by Act 50 of 1981 being the West Bengal Land Reforms (Amendment) Act, 1981. The said definition reads as follows :"section 2 (7) :- 'land' means land of every description and includes tank, tank fishery, fishery, home-stead or land used for the purpose of live-stock breeding, poultry firming, dairy of land, comprised in tea garden, milll, factory, workshop, orchard, hat, bazar, ferri tolls or land having any other sairati interest and any other land together with all interests and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth. " ( 3 ) THUS, by reason of such amendment land of all description having since been included with effect from the date of coming into operation of the said amendment Act being 7th of August 1969, land of every descrip-tion is included within the definition of land in the Land Reforms Act. Thus, it appears that even lands which were Government under the Non-agricultural Tenancy Act were also included within the said definition. ( 4 ) NORMALLY when defining words and phrases a statute uses the expression 'means' only. Some times words are denified by using the 'expression' 'means and includes', when the legislature defines a word by using the 'expression' 'means' only then it wants the words or phrases defined therein to be exhaustive. But when it uses the expression 'and includes', the legislature intends to define the words or phrases in a wider connotation giving it a wider expression as envisaged in the gramatical meaning of such words. Such a definition using the expression 'means and includes' the legislature intends to enlarge the meaning. ( 5 ) MY above view finds support in the ratio decided in the case of S. K. Gupta v. K. P. Jain AIR 1979 SC 734 and State of Bombay v. Hospital Mazdoor Sabha AIR 1960 SC 610 respectively. Such a definition using the expression 'means and includes' the legislature intends to enlarge the meaning. ( 5 ) MY above view finds support in the ratio decided in the case of S. K. Gupta v. K. P. Jain AIR 1979 SC 734 and State of Bombay v. Hospital Mazdoor Sabha AIR 1960 SC 610 respectively. That apart reliance can be placed on the passage from Maxwel in his Interpretation of Statute: some times it is provided that a word shall mean what the definition section says. It shall mean; in this case the word is restricted to the scope indicated in the definition of the section. Some times, however, the word 'include' is used in order to enlarge the meaning of the words and phrases occurring in the body of the statute (Maxwel's Interpretation of Statute, 12th Edition page 270 ). ( 6 ) IT may be noted that in section 2 of the West Bengal Land Reforms Act while defining some of the words and phrases the expression means only has been used. Thus, when the expression 'means and includes' is used it definitely indicates the intention of the legilsature to enlarge the meaning and make it inclusive and not exhaustive. ( 7 ) THUS, while dealing with land, the Court is supposed and bound to accept wider connotation of the definition. At the same time, while dealing with the definition of land for the purpose of ascertaining its scope and ambit with regard to land governed by Non-agricultural Tenancy Act regard may be had to the definition of 'holding' given in sub-section (6) of section 2 of the West Bengal Land Reforms Act. The definition 'holding' means the land or lands held by a rayat. A rayat means a person or an institution holding land for any purpose whatsover. ( 8 ) THUS, a land held for non-agricultural purpose by a person is a rayat and a land held by a rayat is holding within the meaning of the Land Reforms Act. At the same time, land of every description including tank, tank-fishery, fishery homestead and lands for any of the purposes as defined in sub-section (7) with any kind of interest or benefit arising out of such land are included within the definition of land given in sub-section (7 ). At the same time, land of every description including tank, tank-fishery, fishery homestead and lands for any of the purposes as defined in sub-section (7) with any kind of interest or benefit arising out of such land are included within the definition of land given in sub-section (7 ). ( 9 ) BY reason of Act 50 of 1981 after section 3a has since been inserted after section 3 of the West Bengal Land Reforms Act. Section 3a provides that : the rights of all non-agricultural tenants and under West Bengal Non-agricultural Tenancy Act 1949 (West Bengal Act XX of 1949) shall vest in the State free from all encumbrances and the provisions of sections 5 and 5a of Chapter-II of the West Bengal Estate Acquisition Act 1953 (West Bengal Act 1 of 1954); shall, with such modification as may be necessary, apply mutatis mutandis to all such non-agricultural tenants and under tenants within the meaning of the West Bengal Non-agricultural Tenancy Act 1949 as if such non-agricultural tenants and under tenants were inter-mediaries and the land held by them were estates and a person holding under a non-agricultural tenant or under tenant were a rayat. Under sub-section (2) on the vesting of estates the rights of inter-mediaries of any non-agricultural land under sub-section (1) the provisions of Chapter-IIB of this act shall apply. Sub-section (3) provides that every inter-mediary whose estates or interests have vested in the State under sub-section (1), shall be entitled to receive an amount to be determined in accordance with the provisions of section 14v of this Act. ( 10 ) BY reason of insurtion of section 3a non-agricultural lands have also been brought within the sweep of the land reforms Act as expressed in no uncertain terms in section 3a. ( 11 ) THE position has since been made abundantly clear by introducing section 63 by West Bengal Act 50 of 1981. Section 63 repealed and saved the effect of Non-agricultural Tenancy Act in the following terms: " (i)With effect from the date of coming into force of West Bengal Land Reforms (Amendment) Act, 1981 in any District or in any area of Calcutta, such provisions of the West Bengal Non-agricultural Tenancy Act 1949 (West Bengal Act XX) of 1949 as are repugnant to the provision of this Act shall cease to have effect in that District or area. " ( 12 ) ADMITTEDLY, Act 50 of 1981 has since been come into force in the District where the petitioners land is situated. Thus any light which the petitioner may claim under the Non-agricultural Tenancy Act, the same would fall within the scope and ambit of the West Bengal Land Reforms Act. ( 13 ) BY reason of section 61 inserted by West Bengal Act 50 of 1981 the jurisdiction of Civil Courts have since been bared in respect of any matters falling within the scope and ambit of the said provision, But in case the land does not come within the purview of the West Bengal Land Reforms Act for any reason or for some reason or other, in that event, section 61 may not have any application, provided the right claimed by the petitioner is saved by section 63 and is not hit by repeal provided in section 63 of the West Bengal Land Reforms Act. ( 14 ) THUS, by reason of the provisions introduced by West Bengal Act 50 of 1981 it appears that the relief that has been claimed by the petitioner can be had under the provisions of the West Bengal Land Reforms Act. In case it does not fall within the scope and ambit in the said act in that event the right that has been claimed being a right with regard to title and interest in land requiring determination of disputed question of title as well as facts. As such this Court sitting in writ jurisdiction cannot venture to determine the same. Such relief can best be had before a Civil Court provided its jurisdiction is not barred by reason of section 61 of the West Bengal Land Reforms Act as amended by West Bengal Act 50 of 1981. ( 15 ) IN the mean time, West Bengal Land Reforms and Tenancy Tribunals Act 1997 has since been enacted. While defining Specified Acts in section 2 of the said 1997 Act, West Bengal Land Reforms Act has since been included in the definition of Specified Acts. By reason of section 6 jurisdiction with regard to original matters relating to a Specified Act has been conferred on the Tribunal for adjudication of disputes relating to the matters under any of the provisions of a Specified Act, by reason of section 6 of the 1997 Act. By reason of section 6 jurisdiction with regard to original matters relating to a Specified Act has been conferred on the Tribunal for adjudication of disputes relating to the matters under any of the provisions of a Specified Act, by reason of section 6 of the 1997 Act. Section 7 of the 1997 Act has empowered the Tribunal to exercise power and authority exercisable by any Court including the High Court under Articles 226 and 227 excluding those exercisable by a Division Bench. Section 8 of the 1997 Act specifically excludes the jurisdiction of the High Court in respect of original matters exercisable under Articles 226 and 227 of the Constitution of India, except those exercisable by a Division Bench. ( 16 ) THUS, the jurisdicition of the High Court with regard to original matters exercisable under Articles 226 and 227 of the Constitution of India, other that those exercisable by the Division Bench, has since been excluded and conferred on the Tribunal established under the 1997 Act. Thus, in the facts and circumstances of the case the petitioner having been claiming rights under a lease executed in 1980 claiming non-agricultural tenancy right squarely, as is apparent from the pleadings made in this petition as well as the materials placed before this Court, falls within the scope and ambit of the West Bengal Land Reforms Act in view of the amendment brought about by the West Bengal Act 50 of 1981 in the definition of land in sub-section (7) of section 2 read with the definition holding in sub-section (6) and 'rayat' in sub-section (10) of section 2 and section 3a and section 63 of the West Bengal Land Reforms Act. Therefore, by reason of section 7 and 8 of the 1997 Act the jurisdiction with regard to the present case is excluded from the jurisdiction of the High Court and has since been conferred on the Tribunal established under the 1997 Act, unless it is shown that the petitioner's right is not hit by any of the provisions as mentioned above, since been introduced by West Bengal Act 50 of 1981. In case it is not hit by the said amended provisions referred to above, in that event, his remedy would lie before an appropriate Civil Court, as the case may be. In case it is not hit by the said amended provisions referred to above, in that event, his remedy would lie before an appropriate Civil Court, as the case may be. ( 17 ) IN the circumstances this petition cannot be maintained before this Court under Article 226 of the Cunstitution. It is, accordingly dismissed as not maintainable. ( 18 ) IN case the petitioner seeks to establish his right as a non-agricultural tenant and expects that he may not be evicted from the land he may approach the Tribunal established under the 1997 Act or the Civil Court as the case may be and as he may be advised. There will be no order as to costs. Petition dismissed.