CHANDI CHARAN DE Vs. BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) IN this application the petitioner challenges a notice dated 19. 3. 74 issued by the Block development Officer, Kharagpur, by which he was directed to deliver 15. 80 quintals of paddy being the balance of the paddy which was levied upon the petitioner under 1972 levy order.

(2.) IT is stated by the petitioner in the petition that he complied with the levy order of 1973 and he delivered in 1972 11'28 quintals of paddy and voluntarily he sold another 4'50 quintals of paddy on 17. 2. 74. It is contended by mr. Sen Gupta appearing on behalf of the petitioner that as the 1972 West bengal Foodgrains Procurement (Levy)Order has been repealed, the block Development Officer has got no jurisdiction to issue another notice directing the petitioner to deliver the balance of paddy which had been levied under 1972 levy order.

(3.) IN my view there is no substance in the contention. Under paragraph 11 of the Levy Order it is provided that repeal shall not affect the previous operation of the order or anything done or shall not affect any right, privilege, obligation or liability acquired or accrued or incurred under the said order. Therefore, the liability which was accured to the petitioner under the 1972 levy order shall not have any effect on account of repeal of the said order.