- (1.) The petitioner is an intermediary and his estate vested in the State Government under the provisions of the West Bengal Estates Acquisition Act. The vesting, under the scheme of the Act, does not relieve an intermediary of his liability for payment of arrears of land revenue, cesses, taxes and other impositions by the State, relating to any period prior to the date of vesting. Section 7 of the West Bengal Estates Acquisition Act is of relevant consideration in this connection and is set out below :- "Section 7(1). All arrears of land revenue, cesses, taxes and other impositions by the State relating to any period prior to the date of vesting lawfully recoverable from any intermediary in respect of his share in any estate which vests in the State under Section 5 shall, after the date of vesting, continue to be recoverable from such intermediary, and shall without prejudice to any other mode of recovery, be recoverable under an order of Collector by deduction of the amount of such arrears from the money payable as compensation to such intermediary under this Act: Provided that where the application of an intermediary under Section 9 is allowed by the State Government and the intermediary agrees writing that the whole of the compensation money payable to him as well as the amount recovered by the State Government under the provisions of Section 9 may be adjusted against the arrears recoverable from the intermediary under the foregoing paragraph, no other mode of recovery shall be adopted for the recovery of any such arrears, except the balance, if any, remaining due after such adjustment, and suits and proceedings, if any, pending for the recovery of any such arrears shall remain stayed until such adjustment has been made. (2) * * * * * * * * * * * * *"
(2.) Section 9, referred to in the proviso to the above quoted section reads as follows:- "Section 9(1) : An intermediary may apply to the State Government for recovery by the State Government of all sums recoverable by him under the provisions of Section 8. (2) The State Government may grant or refuse such application as it thinks fit but no such application shall be granted if made after the expiry of twelve months from the date of vesting unless the intermediary makes an agreement in writing referred to in the proviso to sub-section (1) of Section 7. (3) If the State Government grants the application, it shall be competent for the State Government to recover all such sums as if they were public demands, or in any other manner as if the State Government were the intermediary. * * * * * * * * * * * * (4) * * * * * * * * * * * (5) * * * * * * * * * * *"
(3.) The petitioner states that at the time of vesting of his estate in the State Government, a sum of Rs.54,101-5-7 was due to him as arrears of rent etc. He applied before the State Government, under Section 9 of the West Bengal Estates Acquisition Act, for recovery, by the State Government, of the said arrears and that the State Government granted the application by an order, dated March 25, 1958, which is set out below:- "Whereas an application has been made after a period of 12 months from the date of vesting by Shri Dharani Mohan Roy son of late Peary Mohan Roy, represented by his Constituted Attorney Shri Prafulla Kumar Mitra, 85 Amherst Street, Calcutta, under Section 9 of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954), for recovery by the State Government of all sums recoverable by him under the provisions of Section 8 of the said Act in respect of all interests held by him as intermediary in the district of Howrah, Hooghly and Midnapore; Whereas the applicant has agreed in writing that the whole of the compensation money payable to him as well as the amount recovered by the State Government under the provisions of said Section 9 may be adjusted against the arrears recoverable from the intermediary under Section 7; Now, therefore in exercise of the power conferred by sub-section (2) of Section 9 of the said Act, the Government is pleased to grant the said application.";