- (1.) Instant writ petition has been filed assailing the judgment and order dated 7th December, 2007 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 989 of 2005 whereby and whereunder the said learned Tribunal was pleased to hold that the subject land being comprised within mill/factory vested in the State subject to the provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953 and subsequently the purpose for holding subject land by the intermediary having been frustrated, the State Government by reason of the proviso to Section 6(3) and Section 6(1)(g) of the said West Bengal Estates Acquisition Act, 1953 is competent to resume the said subject land.
(2.) The learned Tribunal, therefore, did not find any reason to interfere with the order of resumption passed by the State Government and dismissed the application on merits.
(3.) The facts giving rise to this writ petition are briefly summarized hereinafter. The property in question was initially leased out to the predecessor-in-interest of the petitioner and during the subsistence of the lease period, the said predecessor-in-interest of the petitioner purchased the property on 28th November, 1945.;