MUKUNDA RAM BHATTACHARJEE SHEBAITS Vs. STATE

JUDGEMENT

(1.) A property belonging to deities was acquired by the Government and the compensation money had been lying in Court invested fetching an income of Rs. 235/-annually. The petitioners claiming to be shebaits of the deities moved an application for purchase of land for erection of a temple thereon for the deities for a consideration of Rs. 4,355/-. This prayer was rejected by the Additional Special Land Acquisition Judge, 4th Court, Ali-pore by order No. 145 dated 27-11-1973. As no steps appear to have been taken against that order the learned Judge was of opinion that the said order acquired finality. Thereafter it appears these petitioners filed another application before the Judge stating that they as shebaits had purchased a piece of land and wanted to build a temple thereon in fulfilment of the wishes of the settlor in the deed of settlement executed by him In respect of acquired property. This application was rejected by order No. 158 dated 3-4-1976 by the learned Judge holding that in view of the earlier order it was not permissible to pass any order in favour of the petitioners on their present petition. The petitioners have challenged the propriety of this order by the instant Rule.

(2.) Sections 31 and 32 of the Land Acquisition Act 1894 provide as follows:-- 31. Payment of compensation or deposit of same in Court.

(3.) In Re: Ganendra Mullick, reported in 25 Cal WN 597 = (AIR 1921 Cal 536) a Division Bench was considering the provisions of Section 32 of the Land Acquisition Act as amended by the Calcutta Improvement Act and it was held-- .....