MESSRS GANGES MANUFACTURING CO LTD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
MESSRS GANGES MANUFACTURING CO LTD
STATE OF WEST BENGAL
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(1.) THESE four Rules issued under Article 227 of the Constitution arise cut of two orders, both dated 9th April 1964 passed by a Revenue Officer under Section 45 of the West Bengal Estates Acquisition Act correcting the record of rights in respect of Khatian No. 193, J. L. No. 52 of Mouza Chak Bansberia P. S. Magra, District Hooghly and Khatian No. 28, J. L. No. 37, Shibpore P. S. Magra, District Hooghly.
(2.) CIVIL Rule No. 2902 of 1965 concerns Khatian No. 193 and Civil Rule No. 2904 of 1965 relates to Khatian No. 28. Civil Rules 2903 and 2905 of 1965 are directed against the orders passed by the District Judge, Hooghly dismissing the two appeals preferred by the petitioners before me from the said two orders of the Revenue Officer. The appeals were dismissed by the Appellant Tribunal on the view that the appeals were not maintainable. The West Bengal Estates Acquisition Act does not indeed provide an appeal from an order passed under section 45 of the Act and it must, therefore, be held that the appeals were rightly dismissed as not maintainable. Civil Rules Nos. 2903 and 2905 of 1965 are accordingly, discharged but without any order as to costs.
(3.) THE question arising for decision in the other two Rules namely, Civil Rule No. 2902 and 2904 of 1965, concerns the scope of section 45 of the West Bengal Estates Acquisition Act, whether the proceedings before the Revenue Officer in these two cases are of the nature contemplated by that section. The facts upon which this question arises are as follows. There had been no determination of the rent payable in respect of the lands involved in these two cases when the record of rights was finally published. Rents were subsequently determined and entered in the record of rights under section 42a of the Act sometime in April 1963. It is stated that the said rents were fixed having regard to the rate of rent paid for lands of similar description and with similar advantage in the vicinity in accordance with the principles laid down in section 42 (1) (ii) of the Act as required by Rule 28a of the rules framed under the Act. In November 1963, the Revenue Officer initiated the two proceedings under section 45 of the Act in which the impugned orders have been passed on the ground that it appears from a "mistake list" that the rent of the lands in question had been "assessed as per schedule of Raiyati lands of the mouza which ought to be assessed according to the schedule of non-agricultural tenancies under Rule 28a of the West Bengal Estates Acquisition Rules".;
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