ABHIMANYU ADAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for a rule to show cause why a Writ in the nature of Mandamus or a direction should not issue calling upon the Respondents to release or return certain quantities of paddy seized by the Respondents under the Bengal Food Grains (Disposal and Acquisition) Order 1947, or for other directions as this Court may deem fit to make in the circumstances of this case.

(2.) The petitioner is a "Raiyat Sthitiban" with respect to 76 bighas of land situated in Village Deul in Mouza Paschim Jota in Police-Station Mathurapore in the district of 24 Parganas.

(3.) The petitioner resides with his family consisting of 8 members in village Dighirpar Bakultala which is 3 or 4 miles away from the village of Deul. The lands at Deul are leased out to different persons for cultivation in Bhag System after taking Kabuliyats from them. It is provided in the said Kabuliyats that the Bhag tenants would deliver paddy at the rate of 4 maunds per bigha and that after thrashing the paddy the entire stock would be stored in the Khamar of the petitioner from where the Bhag tenants would remove their share after keeping the petitioner's share intact. It is alleged that the Bhagdars also take loans of paddy from the petitioner occasionally and in fact the petitioner had to advance 117 maunds and 20 seers of paddy to the Bhagdars as loan to be returned after thrashing of the paddy of the current year of 1357 B.S.