SANAT KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 18th of January, 1988, passed by his Lordship the Hon'ble Mr. Justice Shamsuddin Ahmed on an application under Article 226 of the Constitution of India, 1950.

(2.) To understand the contentions, a few antecedent facts need be stated.

(3.) The uncontroverted facts of the case are that the appellants although two different recipients came by the properties by two separate deeds of even date consisting of Dag Nos. 3134 and 3141 respectively appertaining to two Khatians of Mouza Behala of Dist 24-Pgs. The steps preceding to mandatory provisions as engraved under sections 26(l) of the Urban Land (Ceiling and Regulation) Act, 1976 for registration were duly obeyed and fulfilled. It is notorious from the twin deeds that Dag No. 3130 is a Tank comprising an area of three Cottahas, the nature and character did not undergo any change while Dag No. 3141 is a Dunga land comprising an area of five Cottahas & 14 Chittaks of land. It is needless to repeat that the names of the purchasers were duly mutated followed by payment of rent without raising any finger of protest. But to the utter dismay of the appellants, the competent Authority and Settlement Officer by a Memo Bearing No. 1111/ 7/URL dated 15.7.83, declared all the transfers as void as the permission under section 26 (1) of the Act, according to the Authority was pre-eminently pivoted on fraud and forgery. The appellants to redress their grievances sought for a mandamus before the Court of the first instance through an application under Article 226 of the Constitution of India, which did not register any success when this Appeal.