BASANTI DEVI BAGLA Vs. DISTRICT JUDGE, 24

JUDGEMENT

(1.) This Rule, which was obtained on 31st Aug., 1979, was heard along with C. R. No. 15741 (W) of 1987 in Smt. Molina Ghosh Vs. The State of West Bengal, (since reported in 1988(2) Cal LJ 20) which we have disposed of today by a separate judgment.

(2.) Since the facts relating to the acquisition of premises No. 48, Old Ballygunge Road, Calcutta (hereinafter referred to as the said premises), which was sought to he done under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) have been indicated in details in the other judgment, we are not restating those facts in this case.

(3.) There is no doubt that the said premises along with others were attached for the payment of sums which were said to be embezzled by one Shri S. K. Ghosh since deceased and for the purpose of realising the penalty imposed on him and the total amount of such amount is 75 Lakhs. It would also appear that on an application made by the Province of Bengal, in the proceedings which were initiated in terms of the Criminal Law Amendment Ordinance XXXVIII of 1944 (hereinafter referred to as the said Ordinance), being Suit No. 53 of 1944, one shri K. B. Base, Barrister-at Law, since deceased was appointed Receiver of all the properties, including the said premises and which was also attached by or in terms of an order dated 22nd Nov., 1944.