STATE OF WEST BENGAL Vs. ASHIT NATH DAS

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed aggrieved by the judgment of the High Court of Calcutta dated 20th May 1987 wherein the learned Judge allowed a petition under Article 227 and quashed suo motu proceedings under Sec. 44(2a) of the West Bengal Estates Acquisition Act, 1953 ('Act' for short) and also the appeal which was pending before the lower appellate court under the Act. The proceedings under Article 227 reached the High Court rather in an interesting situation. Suo motu proceedings in 1968 were started by the Revenue Officer Tollygunj under Sec. 44(2a) of the Act. There were also proceedings under Sec. 6 clause 5 read with Sec. 47 of the same Act started by Revenue Officer and the case was registered as Case No. 22 of 1968. A suit filed in 1969 between parties to which the State of West Bengal was not a party ended in a compromise decree on 6-8-1970 and a decree in terms of compromise was drawn up. It was titled suit No. 67 of 1969. After the final orders were passed by the Revenue Officer in Case No. 22 of 1968 wherein the respondent Ashit Nath Das did not participate and against these final orders a petition was filed in the High Court of Calcutta where rule was issued and by orders of the High Court dated 1-4-1984 the rule was made absolute quashing the orders in the said revenue case directing the settlement officer to issue proper notice to Ashit Nath Das as he claimed to be an interested party and dispose of the matter after giving him opportunity of hearing. As a result of this order passed by the High Court on 22-1-1982 the proceedings under S. 44(2a) of the Act was re-opened according to the orders passed by the High Court and on 9-2-1982 final orders were passed in these proceedings by the special revenue officer. Against this Order Ashit Nath Das preferred an appeal before the 9th Additional District Judge, Alipore who is the competent authority to hear an appeal under this Act which was registered as EA Appeal No. 2 of 1982. On 1-12-1983 it appears that Ashit Nath Das obtained an opinion of the Advocate General of West Bengal regarding the aforesaid proceedings pending in Appeal No. 2 of 1982 before the 9th Additional District Judge, Alipore and filed that opinion with an application in the Court of Additional District Judge. The Additional District Judge passed an order on 25-2-1986 rejecting the prayer of the respondent by saying that the opinion of the Advocate General could only be looked into as the ground of appeal on behalf of the appellant and the prayer of the appellant before the Additional District Judge the present respondent that the appeal be disposed of in accordance with the opinion of the Advocate General was rejected. It is interesting to note that such a strange prayer was made and the learned Additional District Judge by his order rejected that prayer. The relevant part of the order reads as under:

(3.) It is against this order that a petition under Art. 227 was filed before the High Court. Learned counsel appearing for the appellants read through the petition which was filed before the High Court to contend that in fact there was nothing in the order of the Additional District Judge which could be said to be an order against the respondent of which a grievance could be made in a petition under Art. 227. As regards the date of hearing the learned Additional District Judge had observed in his order that to suit the convenience of advocates appearing in the case, 19-4-1986 is fixed as the date of hearing. Learned counsel for the appellants referred to us paragraph No. 14 of the petition under Art. 227 in which a ground was specifically raised saying.