Bhagabati Prasad Banerjee, J. - (1.) In the writ petition, the petitioner prayed for a writ in the nature of Mandamus commanding the respondents to forebear from settling lands in question to any other person other than the petitioner. The fact of the case, in short, is that the petitioners were in possession of the lands in question which are salt bearing lands in Contain Sea Coast since 1961. The area under occupation of the petitioners were about 136.18 acres of land. The possession of the petitioners in respect of the lands in question since 1961 is also admitted in the report of the Sub Divisional Land Reforms Officer, Contain dated 3.6.1974 which is Annexure 'W' to the petition. It is alleged that the petitioners have formed a co-operative society and wanted to manufacture salt and for that purpose made an application before the State Government. It appears that the Deputy Director of Industries, Government of West Bengal wrote a letter to the petitioner dated 7.7.70 informing the petitioner that on and from 1.4.70, the Director of Cottage and Small Scale Industries, Government of West Bengal had assumed the function of promotion, organisation, technical assistance, guidance, supervision and administration of job including disbursement of fund for Industrial and Extension Officer of the Directorate By the letter dated 29/30.12.72, the petitioner society was directed to inform about the function and working of the petitioner society Thereafter the District Industrial Officer, Midnapore requested the Extension Officer, Industries, Ramnagar, Midnapore to pay visit to the office of the petitioners society and to suggest the action to be taken by the authorities concerned in respect of the prayer for settlement of the salt bearing khas land in favour of the petitioners society. Thereafter by the Memo dated 18.12.72, which Is Annexure 'F' to the petition, the Additional District Magistrate (L R) informed the Sub Divisional Land Reforms Officer that "In enclosing a copy of the letter No. 17 Ind dated 3.1.72 together a copy of the schedule of plots, the undersigned is directed to request him to kindly send formal proposal for settlement of 925 75 act esof khas land for M/s Bengal Salt Company Limited for extension of their existing operation. To avoid encroachment of the land proposed to be settled with the company possession maybe given to the pending completion of formalities, on payment of the dues fixed by the Collector." Thereafter by the Memo dated 31st May, 1972, which is Annexure 'H' to the petition, the Secretary, Board of Revenue informed the collector of Midnapore that. "Certain Company/person have since represented to the Government that the entire land should not be given to lease to M/s. Bengal Salt Company Ltd. on the ground that the salt bearing land in question is contiguous to their existing factories and some of them are prior applicant in respect of the said land. It has been decided that pending consideration and decision on the said representation that the land in question may not be finally settled with M/s Bengal Salt Company Limited "
(2.) By the letter dated 4.7.72, the Sub Divisional Land Reforms Officer, Contain, informed the petitioner society that the said authority was going to inspect the plots in question for the purpose of settlement by another letter dated 25th April, 1973, the Assistant Secretary, Labour Department Government of West Bengal addressed to the District Magistrate, Midnapore, that the representation from the petitioner society for allotment of salt bearing land in question on long term basis to the society was forwarded for allotment as might be deemed necessary. By another letter dated 15.5.73, the Inspector of Co-operative Society informed the petitioner society that high level enquiry would be held very soon to consider the allotment of land. In question and that the Assistant Registrar of Co-operative Societies desired to meet the representative of the petitioner society on 18.5.73 to consider the prayer for recommendation in this behalf to the appropriate authority Pursuant to the said request, the Secretary of the petitioner Society met the said authority and produced the relevant documents and papers. Again by another Memo dated 15.5.73, the Sub Divisional Land Reforms Officer, Contain informed the petitioner to meet the said authority on 19.5.73 for the discussion regarding the prayer for settlement of salt bearing land and accordingly the Secretary of the petitioner society met the said authority for the purpose. Thereafter it appears from the order dated 27.5.74 passed in Settlement Case in respect of the petitioner society that certain decisions were taken in this matter. The relevant portion of the said decision and/or order dated 27.5.74 which is Annexure 'N' to the petition is set out below : "The Hon'ble Minister of L R & L. U. Department, Shri G.P. Khan is pleased to inspect the salt bearing land of Mouza Sonamukhi and Bainehibenia on 26.5.74. The Hon'ble Minister verbally directed that all salt bearing lands which have been unauthorisedly occupied by private individuals, Co-operative Societies or by salt manufacturing firms must pay licence fee of Rs. 10/- per acre per annum from the date of their possession. The Hon'ble Minister also directed that it would be upto the decision of the main department to allot the lands so unauthorisedly occupied. But the state exchequer should not incur loss of Government revenue by such unauthorised occupation. Accordingly Amin, Shri Ajit Kumar Maity of Ramnagar is to submit a sketch map showing the plot area unauthorisedly occupied by the Kalindi Dera United Salt Manufacturing Co-operative Society Limited".
(3.) Thereafter a report was submitted by the SLRO, Contain from which it appears that sub committee members appointed in this behalf visited salt bearing land occupied by the petitioners and/or the reservoir, condensors and salt boilers as well as some brick structures for office buildings of the petitioner society. It was admitted that a crusher machine has also been installed. It appears that as per the report of the Amin, the petitioner society was in possession of 13.1.11 acres of land in that area. In the said report, it was suggested to realise fees of Rs. 10/- per acre per year without conferring any right and that said report was put up to the main committee to determine whether the said area would be allotted to the said society concerned or not the petitioner society was also granted licence for manufacture of salt under the Central Excise Rules which valid from 3.11.78 to 27.1.90 which is Annexure 'O' to the petition. Thereafter, the Sub Divisional Officer by the Memo No. 133 dated 13.1.77 which is Annexure 'P' to the petition informed the petitioner that "As per the decision in the meeting dated 5.1.77 of the Sub Committee on distribution of salt bearing land, you are requested to form 3 units. In all in respect to the salt manufacturing units and let me know the names of three (3) units so that this may be placed before the Sub Committee for consideration and final decision Official distribution case of this in that salt manufacturing units cannot be considered." Thereafter by Memo No. 330 dated 14.6.77, the JLRO, Balisai informed the petitioner society to appear before the said authority on 4.7.77 with the relevant documents and the petitioner was also directed to appear before the J.L.R.O on 14.3.78. In the matter was being dragged on for an indefinite period of time and was proceeded with in a most casual manner, the petitioners made various representation to various authorities from time to time to expected the matter, but the authorities concerned as it appears was sleeping over the matter pre-judicially against the petitioner and the petitioners were informed from time to time that the matter was under consideration by the authorities concerned. The petitioner alleged that when the matter was kept pending for several years, the petitioner who on the basis and assurance and encouragements contained in the various letters and representations made huge investment amounting to Rs. 1,55,000/- as set out in paragraph 36. Thereafter the petitioner had come to know from the newspaper that the Central Government had submitted a proposal to the State Government to manufacture salt in the said area by Hindustan Salt Limited at a cost of Rs. 2 crores and at that stage this writ petition was moved before this Court.;