DEBI MATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In these five Rules the petitioners are challenging three notifications and two proclamations issued by the State of West Bengal or its Authorities. As common questions have been raised in ell these Rules they have been heard together and would be disposed of by one judgment.

(2.) It is not in dispute that facts relevant to the issues raised in these five Writ petitions are same or similar and as such I prefer to set out the facts in Civil Rule 656 (W) of 1964. The petitioner in this Rule Sri Sri Devi Mata is the family Deity of Panchkote Raj Estate. The petitioner had been holding certain lands in intermediary interest in Purulia which was previously within the District of Man-bhum in the State of Bihar. On September 1 1956 the Bihar and West Bengal (Transfer of Territories) Act, 1956 (hereinafter referred to as the Transfer of Territories Act) came into force. By virtue of Section 3 of this Act major part of Purulia was transferred with effect from 1-11-1956 to West Bengal. Section 43 however provided that notwithstanding such transfer until otherwise provided by a competent legislature or other competent authority the laws then applicable to the transferred territories would continue to remain applicable to such territories. Section 44 provided that the appropriate Government may within a year from the date of transfer adapt the laws which continued to remain in force with necessary modifications and that such laws so adapted would remain in force until altered, repealed or amended by a competent authority or competent legislature. On the date of transfer Bihar Land Reforms Act 1950 which provided for vesting of certain categories of intermediary interest was in force in the territory so transferred to West Bengal and by virtue of Section 43 of the Transfer of Territories Act. 1956 the provisions of the said Act continued to remain in force in the transferred territory of Purulia. It is not in dispute that the provisions of the Bihar Land Reforms Act, 1950 are materially different from the provisions of the corresponding West Bengal Act viz., West Bengal Estates Acquisition Act, 1953.

(3.) On September 24, 1958 an Act passed by the West Bengal Legislature came into effect which is called the West Bengal Transferred Territories (Assimilation of Laws Act). 1958 (hereinafter referred to as the Assimilation of Laws Act). By the provisions of Section 3 of this Assimilation of Laws Act read with Schedule 2 thereof the provisions of the Bihar Land Reforms Act. 1950 was kept in force for the transferred territories including the transferred territory of Purulia. Applying the provisions of the said Bihar Land Reforms Act. 1950 the Government of West Bengal issued a proclamation under the Section 3-B of the said Act announcing its intention to takeover the intermediary interest in the transferred territories to West Bengal. The said proclamation was challenged by the petitioner in a Writ petition in this Court which was registered as C. R. 589 (W) of 1963. It is, however, conceded on behalf of the petitioner that the petitioner's challenge failed and the said Rule was discharged sometime in 1966.