GOUR GOPAL MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution. The petitioners claimed to retain certain lands within the permissible limits under section 6 of the West Bengal Estates Acquisition Act. The petitioners never claimed this right to retain at any stage prior to the date of making this application under Article 226 of the Constitution and making a demand for justice before the Collector.

(2.) THE petitioners obtained this Rule on the 22nd September, 1960 and the ground of the Rule was limited to ground (c) of the petition which is as follows :

(3.) IN the Rule the petitioners also got an ad interim order for injunction restraining the Government from taking delivery of possession of the lands in Khatian in notices under section 10 (2) of the Act and crops there on pending the hearing of the Rule. This Rule raises a short but an interesting and important point of law. The main question here is whether any notice under section 10 (2) of the Act can be given where there is a claim for retention having regard to the express language of section 10 (5 ). In this case the Collector gave notices under section 10 (2) of the Act on the 12th July, 1960 on the petitioners to deliver up possession of the land in Khatian Nos. 215, 910,1113,1657, 2036,, 2211, 2196 and 911/1 of Mouza Dewa, J. L. No. 31, police Station Paraldia, District Murshidabad where the petitioners are recorded as Raiyati tenants in the record-of-rights.