SARAT KUMAR BARMAN Vs. COLLECTOR BURDWAN

JUDGEMENT

(1.) These Rules are for the issue of a Writ Mandamus commanding the respondents, the Collector of Burdwan and others not to compel the petitioner to take licence for making bricks in his land or to create any disturbance in the running of his brick field thereon and also not to realise the licence fee or cess from him. There is further prayer for quashing the orders contained in Annexure 'B' 'C' and 'D' to the petition.

(2.) The facts in brief are as follows: The petitioner claims to be the owner of a brick field in mouza Kandorsona, P.S. Burdwan situated in plot nos. 567, 568, 573, 574 and 1119. The petitioner claimed to be a lessee from his lessor who is a raiyat under the State. The petitioner had been carrying on the business of brick manufacturing in the aforesaid lands since 1973. The Junior land Reforms Officer, Burdwan in March 1973 threatened the business as being carried on without permission of the Collector on the basis of the provisions under sections 4 (2A) and 4 (2B) of the West Bengal Land Reforms Act, 1955. The petitioner was compelled to take a licence thereunder. Annexure 'B' is a letter dated September 12, 1973 proposing the grant a short-term lease upto November 30, 1973 for extraction and removal of brick-earth from the aforesaid plots subject to the deposit of the amounts mentioned therein as also stated herein (i) Rs.290/- towards the fee for extraction of brick-earth for manufacturing 2,00,000 bricks @ Rs.2/- per 100 cft. (ii) Rs.220/- towards preliminary expenses and (iii) Rs.145/- towards security deposit. Excepting the last amount no amount was refundable in any case and if during the lease period the petitioner would extract more than 2,00,000 bricks of brick-earth he would be required to deposit a further fee of Rs.2/- per 100 cft. Of brick earth before further extraction and removal. There are further conditions for maintaining accounts of raising and dispatch of brick-earth as per direction to be intimated later and the petitioner was also required to execute a lease deed after making the necessary deposit.

(3.) Annexure 'C' is another letter dated October 22, 1973 to the petitioner issuing certain directions in regard to maintenance of books of accounts i.e. machine numbered receipts to the purchasers of bricks showing quantity of bricks for every truck or cart including the bricks removed for the lessee's own purpose. It also provided for maintenance of a register showing the daily removal of bricks with reference to the receipts issued and quantity of each receipt truck number and card driver's name etc. The letter provided that the lessee is to obtain further grant through the Junior Land Reforms Officer, Burdwan, from the Additional District Magistrate (L.R.) Burdwan for further extraction of the minerals from the said area. Annexure 'D' is a memo dated May 23, 1974 by the Cess Deputy Collector, Burdwan, calling upon the petitioner to submit return of profit and Loss Account.