ALAPAN BANDOPADHYAY Vs. NIRALA PROPERTIES PVT LTD

JUDGEMENT

(1.) The private respondents in these four appeals purchased certain properties from one Pranab Prasad Roy against whom two big Raiyat cases, being S.R. Case Nos.307 and 308 of 1967-68, were started under section 6(5) of the West Bengal Estates Acquisition Act, 1953. In the said proceedings, several agricultural, non-agricultural and lands of others categories were vested to the State as they were found to be in excess of the ceiling prescribed under section 6(1) of the said Act.

(2.) The orders of vesting were challenged under Article 226 of the Constitution in C.R. No. 3387 (W) of 1968, and the said writ application was disposed of on 5th October, 1972, with a direction that in the event the writ petitioner filed a revised return in Form "B', the authority concerned would reconsider the matter, Pursuant thereto, Pranab Prasad Roy filed a fresh "B" Form on 4th December, 1972, and on 29th April, 1985, the big Raiyat cases were taken up for review. The matter was disposed of on 7th June, 1985, by allowing the raiyat to retain 148.76 acres, including 111.02 acres of tank fisheries. A quantum of 242.90 acres of land were directed to vest to the State and on 17th June, 1985, consequential proceedings, being Case Nos. 45 and 46 of 1985, were started for correction of the Record-of-Rights. On 9th October, 1985, notices under section 10(2) of the West Bengal Estates Acquisition Act, 1953, were issued for taking over possession of the vested land.

(3.) Challenging the said orders of vesting and the notices under section 10(2) of the above Act, the said Pranab Prasad Roy moved two fresh writ petitions, being Civil Rule No. 17163(W) of 1985 and C.O. No. 1703(W) of 1986. The private respondents in these four appeals also filed separate writ applications, being C.O. Nos. 15349-15352 (W) of 1990, against the orders of vesting and the subsequent notices issued under section 10(2) of the aforesaid Act.