INDURANI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule arises out of a proceeding for the Petitioner's eviction from the disputed land under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. Eviction was ordered by a Magistrate, First Class, Coochbehar, in the first instance and, on appeal by the Petitioner, that order was affirmed by the Collector of Coochbehar. Hence, the present revision application by the Petitioner in this Court.

(2.) Before the Tribunals below, protection was claimed by the Petitioner against eviction under Sec. 10 of the above Act. She also stated that she was in unauthorised occupation of the disputed land. The Tribunals below, however, rejected her contentions and ordered eviction.

(3.) Before us, the above contentions have been repeated, and it has further been argued that the Act in question, namely, the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, is ultra vires the Constitution as it is violative of Articles 14, 15 and 19(1) of the same.