Judgment Heard learned Counsel for the parties. 2. The petitioner is aggrieved by an order dated 7th October, 2002 passed by the West Bengal Land Reforms & Tenancy Tribunal. Before the Tribunal the finding of the Appellate Authority in favour of the private respondent Shri Basudeb Malik, as a bargadar, was challenged. The Tribunal was pleased to observe that the Appellate Authority has analysed the evidence and passed a well reasoned order and after making this finding the Tribunal refused to interfere with the order of the Appellate Authority. Before us the order of the Appellate Authority was also placed. 3. It is an admitted position that in 1983 the said private respondent was appointed as a teacher in a primary school and he is still continuing as a teacher and is a recorded bargadar. This point was raised before the Tribunal and the Tribunal has refused to go into that question since there is no legal bar for recording the name of a teacher as bargadar. 4. We are of the view that the Appellate Authority should have gone into the question factually. The legal position, according to us, is that a bargadar must personally cultivate the land and if he does not do so that causes termination of his name as bargadar. In this case it has been urged before us that the distance of the school and the plot of land is six kilometre. If that be so, we fail to understand how the private respondent can personally cultivate the land and continue as a bargadar. Some other factual points have also been raised before us relating to the quantum of land of the private respondent. We do not wish to decide that controversy. 5. We, therefore, set aside the order of the Tribunal, as the Tribunal did not go into all the questions of fact and we direct the Appellate Authority; the Collector, Hooghly, to rehear the appeal being L.A. Appeal No. 38 of 2000 on the questions of fact pointed out above and dispose of the said appeal within a period of three months from the date of filing of this order before him: The order of the appellate authority is also quashed. 6. 6. We also make it clear that the Appellate Authority will give an opportunity to the parties to file further statements and documents in support of their contention and upon hearing all the parties concerned the Appellate Authority will pass a fresh order dealing therein how can the private respondent continue as a bargadar after having been appointed as a teacher and with the quantum of land as allegedly held by the said private respondent. With the above observation this writ application is allowed to the extent indicated above. There will be no order as to costs. Let xerox certified copy of this order, if applied for, be given to the learned Counsel for the parties.