GOBINDA CHANDRA DAKUA Vs. DINESH CHANDRA MAITRA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for a Writ in the nature of Mandamus or for an order on the respondent, Assessor Inspector, KuJpi, 24-Parganas directing him to cancel his order dated the 28th of January 1951 and to forbear from giving effect to that order.

(2.) The petitioner along with his co-sharers are the owners of 36 Bighas of lands situated at Mouja Chakmonohar, P. S. Kulpi. The petitioner is a cultivator. It is alleged in the petition that the petitioner cultivates the land by himself and hired labourers who ordinarily take their meals at the petitioner's house and take paddy in lieu of their wages. It is further alleged that the petitioner's family consists of 16 members and each of them require one maund of paddy per month and the petitioner requires at least 250 maunds of paddy for one year for feeding his family and maintaining his labourers. It is alleged that the labourers are men. of the same locality and they are landless labourers. It is further alleged that besides the said requirements the petitioner has to perform several Pujas during the year and has to invite guests and relations during those festivals and has to make offerings of rice during the Pujas and has to distribute alms to the beggars throughout the Pujas.

(3.) The petitioner's case further is that on the 28th of January 1951 the respondent went to the petitioner's house, inspected the stock of thrashed, paddy and. also the stack of unauthorised paddy lying in different places of the petitioner's homesteads and made an estimate of paddy by guess work without actual measurement thereof and served a notice upon the petitioner under clause 3(1) of the Bengal Pood Grains (Disposal and Acquisition) Order, 1947 directing the petitioner to sell to the Government within 48 hours of the receipt of the notice 106 maunds of paddy from the petitioner's stock at a price of Rs. 7/8/r per maund subject to certain deductions as to poorness of quality and cost of transportation.