MURARI MOHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners in these writ petitions are all subsequent purchasers by registered Deed of Sale on different dates between March 19, 1962 till Jan. 11, 1985 had challenged the actions of the respondents, in the matter of distribution of land by settlement, in favour of third parties, treating the lands as "vested lands".

(2.) It is the case of the writ petitioners that after the said purchase, the petitioners in all these writ petitions, paid rents to the State, which were accepted by the local Tahsildar and rent receipts were granted in favour of the petitioners accordingly, they became direct tenant, under the State and, as such, the writ petitioners cannot be evicted by any dubious method by treating the lands as "vested lands", as there was a Big Raiyat proceeding started subsequently against the transferor of the writ petitioners, under section 6(1) of the west Bengal Estate Acquisition Act, 1953, in which the present writ petitioner were not made parties.

(3.) Mr. Santimoy Panda, learned Advocate appearing on behalf of the writ petitioners has drawn attention in the case of Abdul Haque and Anr. Vs. State of West Bengal & Ors., AIR 1964 Calcutta 183 which D.N. Sinha, J. (as His Lordship then was) held that by acceptance of rent from the petitioner, some sort of "tenancy right has been created in favour of the petitioner and such right cannot be taken away, without taking recourse to law.