SANKAR PROSAD MUKHERJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution. The petitioner obtained the Rule nisi on 30-1-1956 calling upon the State of West Bengal why writs of mandamus and certiorari should not issue directing the State to forbear from giving effect to a notice upon the petitioner under Section 10(2) of the West Bengal Estates Acquisition Act, 1953, to deliver possession of a tank fishery generally known as "Chang Beel Betimari", and for quashing the said notice. The petitioner also obtained an interim stay of the order to deliver possession issued by the Government upon the petitioner.

(2.) The application raises a short but interesting and important point of law concerning the construction of the proviso to Section 6(2) of the West Bengal Estates Acquisition Act, 1953. The facts of the case are simple and must be stated before I proceed to a determination of the question of construction.

(3.) The properties are admittedly tank fisheries. They were let out to a lessee Sri Nitai Chandra Das for the Bengali year 1361 B.S. with the expiry of that year, the petitioner obtained khas possession of the tank fisheries and was in such possession of such tank fishery when he was called upon by a notice under Section 10(2) of the West Bengal Estates Acquisition Act, 1953, to deliver possession to the State. This notice is dated October 1955 and required the petitioner to deliver possession by the 3rd day of Magh 1362 B. S. corresponding to 17-1-1956. The petitioner objected to such notice but his objection was overruled and' by an order dated 20-12-1955, it was held that the petitioner could not retain possession of the tank fisheries. That was finally confirmed by the Additional Collector of Malda who ordered on 14-1-1956 : ........"the jalkar in question cannot be retained by you under Section 6(1) (e) of the Act."