DEBI MATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals are from the judgment and order of Mr. Justice Anil Kumar Sen made under Article 226 of the Constitution of India. In these five Rules, the petitioners are challenging three Notifications and two Proclamations issued by the State of West Bengal or its authority. As common questions have been raised in all these Rules, they were heard and disposed of by the learned trial Judge by one judgment. We in these appeals have followed the same procedure.

(2.) It is not disputed that the facts relevant to the issues are the same or similar. The facts set out in Civil Rule No. 565 (W) of 1964 are taken as in the main petition. In this petition, the petitioner is Sri Sri Devi Mata who is the family deity of Panchkote Raj Estate. The petitioner-appellants have been holding certain land in the intermediary interest in Purulia which was previously within the district of Manbhum 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 to West Bengal with effect from 1st November, 1956. Section 43, however, provided that notwithstanding such transfer otherwise enacted by competent legislature or other competent authority, the laws then applicable to the transferred territories would continue to remain operative in such territories. Section 44 of the said Act provided that the appropriate Government may then a year from the date of transfer adapt the laws which continue to remain in force with necessary modifications and that such laws so adapted would remain in force until altered, repealed or amended by a competent authority or a competent legislature. On the dale of transfer, the Bihar Land Reforms Act, 1950, which provided the vesting of certain categories of intermediary interests was in force in the territories so transferred to West Bengal. By Virtue of Section 43 of the Transfer of Territories Act, 1956, the provisions of the said Act continue to remain in force in the transferred territories of Purulia. It it not disputed that the provisions of the Bihar Land Reforms Act, 1950, are materially different from the provisions of the corresponding West Bengal Act, namely, the West Bengal Estates Acquisition Act, 1953.

(3.) On September 24, 1958, an Act passed by the West Bengal Legislature came into effect and that Act was called the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (hereinafter referred to as Assimilation of Laws Act), By provisions of Section 3 of the Assimilation of Laws Act read with Schedule 2 thereof, the provisions of the Bihar Land Reforms Act, 1950, were kept in force for the transferred territories including the transferred territories of Purulia. Applying the provisions of the said Bihar Land Reforms Act, 1950, the Government of West Bengal issued a Proclamation under Section 3 (b) of the said Act announcing its intention to take over the intermediary interest in the transferred territories to West Bengal. The said Proclamation was challenged by the appellants 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 appellants that the petitioners' challenge failed and the Rule was discharged sometime in 1966.