- (1.) IN this Bute, the petitioner prays for a writ or writs in the nature of Mandamus commanding the respondents to refrain from giving any effect to Chapter IIB of the West bengal Land Reforms Act as introduced by the West Bengal Land Reforms (Amendment) Act, 1971 followed by west Bengal Land Reforms (Amendment) Act, 1972. A prayer for declaration of the said provisions of Chapter iib of the West Bengal Land Reforms act as unconstitutional and void has also been made. It may, however, be noted that the provisions of Chapter IIB of the West Bengal Land Reforms Act have been declared to be constitutional and valid by the Division Bench of this court and as such, there is no occasion to declare the said provisions as ultra vires the Constitution. So far as the other prayer of the petitioner, namely, a prayer for appropriate writ in the nature of Mandamus commanding the respondents to refrain from giving effect to the provisions of the said Chapter IIB of the West Bengal Land Reforms Act in respect of the lands of the petitioner and/or requiring the petitioner to submit his 'b' Form return is concerned, it is necessary to appreciate certain facts.
(2.) THE petitioner contends that he holds 25 acres of agricultural land, 1. 35 acres of non-agricultural land, 0. 61 acre of orchard land. 0. 34 acre of tank fishery and 0. 32 acre of homestead land. It appears that a Big Raiyat Case was started against the petitioner under the provisions of the West Bengal Estates Acquisition Act being Case No. 63 (K) of 1969. In the said Big Raiyat proceeding, certain agricultural lands and other categories of lands were directed to be vested and against the said adjudication made in the Big Raiyat proceeding the petitioner moved the Constitutional Writ Jurisdiction of this Court and obtained Civil Rule No. 6175 (W)of 1969. The said Rule was disposed of in favour of the petitioner. The petitioner contends that ,the wife of the petitioner Sandhya Rani Debi also holds 0. 34 acre of agricultural lands and 1. 63 acre of non-agricultural lands and 0. 13 acre of tank fishery and in paragraph 6 of the writ petition, the particulars of all such lands have been set out. Under the West bengal Land Reforms (Amendment)Act. 1971 since followed by the West bengal Land Reforms (Amendment)Act, 1972, Chapter IIB of the West bengal Land Reforms Act has been introduced with retrospective effect from 15th February, 1971. Under the provisions of the said Chapter IIB of the west Bengal Land Reforms Act, the ceiling land of a raiyat and the members of his family and the ceiling land of other institutions and association of persons have been provided for. Under the provisions of the said chapter IIB, a raiyat together with the members of his family holding lands beyond the ceiling prescribed under the said Act is required to file a return as prescribed in Form 7a under the land Reforms Rules within a prescribed period.
(3.) IT appears that challenging the validity of the said Amendment "act the petitioner moved this Court in Constitutional Writ Jurisdiction, against enforcement of Chapter IIB of the Land reforms Act under the said amended provisions and a Rule, being Civil Rule no. 3051 (W) of 1972, was issued by this Court. The said Rule was made absolute on 31st May, 1974. By making the said Rule absolute, this Court held that the provisions of Chapter IIB was ultra vires the Constitution and as such the said provisions could not be enforced in the lands of the petitioner.;