SAMARENDRA NATH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE those two Rules raise common question they have taken up together, [c. R. 2623 (W) of 1966. ] in this Rule, the petitioners seek a writ in the nature of mandamus directing the respondents 10 withdraw or cancel the notice dated the 17th September 1966, which is at Ann. C to the petition, issued by the B. D. O. , Rajmahal, in the District of Santhal Parganas, Bihar, who is respondent No. 5. Respondent No. 4 is the State of Bihar, and respondents Nos. 6 10 9 are other officers of the State of Bihar.

(2.) THE petitioners case is that they are the lessees of the Jalkar Gangapath, appertaining to the old Touzi No. 557 of the Collectorate of Malda in the province of Bengal, under a lease granted in favour of their predecessor-in-interest Sachindra Nath Roy, by the Secretary of State for India in Council, on 17. 3. 1916 a copy of which is at Ann. A to the petition.

(3.) THE Jalkar extends from Udainala (now in Bihar) to Suti (now in West Bengal ). The lease granted by the Secretary of Slate, having been for a term of 3d years, with an option of renewal, it was renewed for a period of another 30 years with effect from the 1st April, 1946. by another deed, which is at Ann. B. This latter deed was executed by the Province of Bengal (prior to Independence), on the 8th August 1947.