ASHIRUDDIN, SK. Vs. J.L.R.O.

JUDGEMENT

(1.) This Rule was issued at the instance of the Petitioner, inter alia, for quashing an order passed by the Respondent No. 2, the Collector, Contai, dated April 24, 1964, for his eviction from alleged public land under the West Bengal Land (Eviction of Unauthorised Occupants) Act (W.B: XIII of 1962, hereinafter referred to as 'the Act').

(2.) Briefly, the case of the Petitioner is that since the year 1947 he was granted by the khas mahal office, Contai, a licence to sell pan, tobacco, matches etc. near the kachari compound, Contai, for the year ending March 3, 1948, between the hours 6 a.m. to 6 p.m. daily on conditions attached to the licence to shop -keeper on plot No. 230 within mouza Hatabari, Contai. The Petitioner, it is alleged, was to pay an annual rent of Rs. 24 for the lands so occupied by him with effect from April 1, 1947, and thus he paid all rents which was increased to Rs. 36 per year upto the year 1963. There was also a removable gumti on the aforesaid plot of land with the knowledge, consent and licence of the opposite parties.

(3.) By a notice issued by the J.L.R.O., Contai, dated September 3,1963, the Petitioner was directed to deposit rent from April 1963 upto that date, failing which he was warned that certificate proceedings would be adopted against him, and it was also stated that on receipt of that notice, according to the order of the S.D.O., Contai, the Petitioner was to remove the temporary gumti from the disputed plot of land. On receipt of the said notice the Petitioner deposited Rs. 18 (I am told by Mr. D. N. Basu, learned Advocate for the Petitioner, that this must be a mistake. It would be Rs. 36) with the State Bank of India, Contai Branch; and since thereafter the Petitioner has been regularly remitting by money order to the J.L.R.O., Contai* the monthly rent for such occupation. But for reasons best known to him, he refused to accept the money so tendered.