Section 5(3) in The West Bengal Restoration of Alienated Land Act, 1973
(3)[ If on or before the date on which an order made under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the person in possession of the land as a result of the transfer referred to in sub-section (1) of section 4 has not delivered possession of such land to the transferor, the Special Officer may of his own motion, and shall, on the application of the transferor, execute the order in such manner as he considers expedient, and may, -] [[Sub-Section (3) Substituted by W.B. Act 56 of 1980, which was earlier as under:'(3) If on or before the date on which an order under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the person in possession of the land as a result of the land as a result of the transfer referred to in sub-section (1) of section 4 has not delivered possession of such land to the transferor, the Special Officer may of his own motion, and shall, on the application of such transferor, eject such person and place such transferor in possession of such land.']](a)if he is an Executive Magistrate, enforce the delivery of possession of such land to the transferor with the help of the police, or(b)if he is not an Executive Magistrate, apply to an Executive Magistrate having jurisdiction and thereupon such Magistrate shall enforce the delivery of possession of such land to the transferor with the help of the police.
