RAM CHANDRA PAL Vs. HIRAMBA KUMAR PAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for a Writ in the nature of Mandamus directing the respondents to refrain from acting under the powers purported to have been conferred on them under Clause (3) of the Bengal Food Grains (Disposals and Acquisition) Order, 1947 and to return the paddy seized from the possession of the petitioner and also for order for cancellation of orders of requisition and seizure made in respect of quantities of paddy mentioned in the petition.

(2.) The petitioner is an agriculturist and has got agricultural lands and his Khamar at Dheragaria in Police Station Gopiballavpur in the district of Midnapore.

(3.) It is alleged that this year after the paddy was reaped from the petitioner's lands and the lands of his father-in-law Ananta Lal Ghosh and the lands of his brother-in-law Madhab Chandra Paira and all the paddy had been stacked in the petitioner's Khamar, a Notice signed by the Respondent No. 2, the Assessor Inspector of Gopiballavpur Zone purported to be given under the provisions of the Bengal Food Grains Disposals and Acquisition Order, 1947, was served upon the petitioner calling upon him to deliver within 48 hours of the receipt of the notice 100 Maunds and 20 seers of paddy to the Procurement Agent at Gopiballavpur.