GHRITA MOHAN Vs. ADDL. DIST. MAGISTRATE

JUDGEMENT

(1.) THIS is a Rule issued upon the opposite parties to snow cause why a Writ in the nature of Certiorari should not be issued quashing the relevant order of the appellate authority complained of in the petition and why a Writ in the nature of Mandamus should not be issued directing him, the appellate authority, to deal with the matter according to law, and for other reliefs.

(2.) THIS is an application arising out of the West Bengal Food Grains (Intensive Procurement) Order 1952 (hereinafter referred to as the 'order'). The petitioner has got some paddy lands within Mouza Mularhat, P.S. Jaynagar, in the district of 24 -Parganas. Notice was served upon the petitioner in form 'A' and he filed his declaration in form 'B'. On or about 5 -2 -1953, notice was served upon him in form 'C' directing him to sell and deliver to the Government of West Bengal 37 Maunds of paddy as being the available surplus. The petitioner thereafter preferred an appeal under para 5 of the Order, before the Additional District Magistrate, Alipore, 24 Parganas, the appeal being registered and numbered as 1742 of 1952 -53. In the Memorandum of appeal the petitioner took 8 grounds, one of which was that the petitioner had let out his lands on money rent to the former owner of the lands and he received no part of the yield and therefore he did not have the paddy demanded of him and that it was impossible for him to comply with the directive. Besides, he has said that the proper legal deductions were not made and that the order was bad in law and fact and that it was not possible for him to comply with the demand.

(3.) IF the Court below had exercised the jurisdiction properly and had come to an erroneous finding, that is something which would not come within the purview of Article 226. But it it refuses or fails to exercise jurisdiction or if it decides cases without dealing with the points raised by litigants, then, in my opinion, this Court has got ample jurisdiction to intervene and the orders must be quashed by a Writ in the nature of Certiorari and a Writ in the nature of mandamus must issue directing the tribunal to decide the cases according to law. I am glad to find however that the state has taken a very reasonable attitude and the learned Government Pleader has conveyed to the Court the decision of the State not to contest such applications and to have the orders quashed and the matters sent back on remand so that they may be disposed of at an early date.