JOGMAYA DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application by Sm. Jogmaya Devi, widow of late Bhairabendra Narayan Roy of Malda. She is a childless widow and an octogenarian. Under the will of her husband, she is entitled to half the estate which has been bequeathed to her for her maintenance. The estate was acquired under the West Bengal Estates Acquisition Act, 1953, in the year 1362 B. S.

(2.) SINCE the acquisition, she has not received a single farthing' from the State either for her maintenance or by way of ad interim payment or by way of compensation or by way of income or interest calculated in the prescribed manner. She had to sell her ornaments and incur debts. Her pitiable condition appears from annexure "a" to the petition which is an application she made to the Board of Revenue and is dated April 26, 1957. She applied for a Rule on February 6, 1958.

(3.) THE Rule called upon the State inter alia to show cause why the State should not forthwith pay to the petitioner the arrears of annual ad interim compensation and thereafter continue to pay the same annually till the final determination of the amount of compensation. The State was directed to file an affidavit-in-opposition on the 7th March 1958 within three weeks from that date. No affidavit on behalf of the State was filed. The learned Government Pleader, appearing before me, says that an affidavit was attempted to be filed on February 20, 1959, more than a year after the order of the Court. The State took no leave of the Court to file such affidavit. In fact, February 19, 1959, was fixed as a date for hearing by me on January 29, 1959. Even on January 29, 1959, no affidavit had been filed by the State. I, therefore, reject any belated affidavit which the State wants to file now after more than a year.