- (1.) Heard the learned Advocates appearing for the parties.
(2.) In this writ application the writ petitioner has prayed the following reliefs:- "(a) Writ in the nature of Mandamus shall not be issued commanding the respondents to restrain from giving any effect or further effect to the impugned Memo No. 1258 dated 21.3,1991 and/or order issued by the District Magistrate, Howrah and the Collector, Howrah to do all acts for the purpose and also steps sought to have been taken by the authorities concerned in any form or manner whatsoever and/or to show-cause as to why the said Memo and/or order which is Annexure 'D' to this application and steps taken on the basis of the said Memo and /or order shall not be set aside and/or cancelled ; (b) To issue a writ in the nature of certiorari asking the respondents to show-cause as to why the said memo order dated 21.3.1991 which is Annexure 'D' to this application and also purported steps sought to have been taken as complained of, shall not be set aside and/or quashed; (c) To issue any other appropriate writ or writs ; (d) To issue appropriate order directing the respondents concerned to certify and bring before this Hon'ble Court all papers and records connected with the impugned Memo and/or order which is Annexure 'D' to this application in respect of the area measuring 18 decimals or land of the said plot No. 88 and/or all other papers connected therewith within such time as may be passed; (e) To issue appropriate order or direction restraining the respondents, their agents and officers, subordinates and all other working under them from giving any further effect to the impugned notice which is Annexure 'D' to this application and also steps taken in connection with the said Memo and/or order and all orders made and/or steps taken in pursuance thereof in any form or manner whatsoever; (0 An ad interim order of injunction in terms of Clause (e) above; (g) To pass such further order or orders as to this Hon'ble Court might seem fit and proper."
(3.) The impugned order being Annexure D of the writ application is a notice of requisition under sub-section (1) of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 hereinafter referred to for brevity as West Bengal Act II of 1948 whereby and whereunder for construction of Administrative Building of Bagnan-ll Development Block, the land of the writ petitioner was under requisition notice issued by the competent authority. This writ application was affirmed on 1st April, 1991. During pendency of the writ application by publication of a notice gnder Section 4 sub-section 1(a) of the said Act in the Calcutta Gazette, extra ordinary dated Friday 24th October, 1993, the concerned land of the petitioner within R.S. Plot No. 88 Mouza Gunanandapur, J.L.No. 80, P.S. Bagnan, Dist. Howrah, was acquired. Petitioner filed a Supplementary Affidavit subsequent to filing of the writ application, contending, inter alia, that in the concerned plot he got the ownership of 0.6 decimal areas out of total 18 decimal areas and constructed a temple of Radha Gobinda Jew.;