Justice Manash Nath Roy., J. - (1.) This appeal from Original Order is directed against the judgment and order dated March 26, 1958 passed in Miscellaneous Case No. 5 of 1957 by Shri C. C. Chakraborti, District Judge, Purulia. whereby Execution Case No. 1 of 1957 filed by the appellants herein was dismissed.
(2.) For the purpose of constructing Police Lines at Belguma lands measuring more or less 25.22 acres in plot Nos. 433, 434, 469, 470 and 471 were acquired by the Government of Bihar. Out of the said lands 21.42 acres were in Mouza Belguma and the balance in Mouza Manguria. Although at the relevant time Government of Bihar was the appropriate Government but after transfer of territories the State of West Bengal became and still the same is the appropriate Government. The total amount of compensation for the said lands was determined at Rs. 59, 671/4/8 ps. out of which Rs. 45. 199/14/0 ps. represented the compensation for plot No. 434 alone.
(3.) It appears that on April 21, 1952 a notice under section 9 of the Land Acquisition Act, 1894 was served at Calcutta on the erstwhile owner, Shri Sudhindra Nath Dutta asking him to file his claim at Ranchi within two days, i.e. on or by April 23,1952. Such notice was admittedly served on the said Shri Dutta as he was deemed or found to be a person interested. Thereafter, on May 27,1952 the Collector concerned passed an order for making an award. On May 31, 1952, the Solicitor of the I said Sudhindra Nath Dutta addressed a letter to the said Collector asking i for the particulars of the lands to be acquired for enabling his client to make an effective representation in the shape of objection. There is no denial of the receipt of the said letter but on the other hand evidence is otherwise. Although the said letter was duly received by the Collector concerned he at first did neither reply to the same nor comply with the requests contained therein. But on June 9, 1952 he drew up and made the award in the following manner:- 1) Rs. 45,199-14-0 ps to Soubhagyabati Sundari Debi, 2) Rs. 2,396-10-0 ps to Jyoti Nahati, 3) Rs. 3, 738-11-0 ps to Janardan Kishore Lai Singh Deo and then on June 11, 1952 he informed the said Solicitor of Sudhindra Nath Dutta about the making of the said Award. It may be mentioned that nothing was awarded in favour of the said Sudhindra Nath Dutta. It transpires that thereafter on or about June 16, 1952, the compensations as mentioned herein before were paid to the awardees.;