Chittatosh Mookherjee, J. - (1.) In these three writ applications the subject matter of challenge, inter alia, is the order dated 27th November, 1981 passed by Sri K.K. Roy Burman in Special Secretary, Land and Land Reforms Department Government of West Bengal and the Appellate Authority under section 33 of the Urban Land (Ceiling and Regulation) Act 1976 dismissing the appeal preferred by the writ petitioners against the order of the Competent Authority Alipore Sadar for issue of notices under section 6(2) of the said Act requiring them to file statements in Form I. The said Appellate Authority has upheld the Competent Authority's prima face opinion that the lands in question held by the petitioners were vacant lands within the meaning of the said Act.
(2.) The petitioners were owners of the following plots in mouza Kumrakhali p.s. Sonarpur, dist 24 Paraganas. JUDGEMENT_46_LAWS(CAL)8_1986.html
(3.) The case of the petitioners was that all the aforesaid plots were agricultural in character. Therefore, the provisions of Urban Land (Celling and Regulation) Act, 1976 wore inapplicable to them. They had entered into negotiations wish several persons for sale of the said plots. The petitioners had approached competent Authority, Alipore Sadar for giving them 'No objection Certificate' and for permission to sell the said plots which they declared to be agricultural. Therefore, on 11th February, 1981 the competent Authority, Alipore Sadar had issued Memo dated 11th February, 1981 informing the petitioners that be had formed the opinion under section 6(2) of the said Act of 1976 that the said plots were vacant lands and the Competent Authority had called upon the petitioners to file statements in Form I prescribed under section 6(1) of the said Act. Before issuing the said Memo dated 11th February, 1981 the Competent Authority had purported to hold through the Assistant Urban Land Ceiling Officer ex parte local enquiries about the nature and character of the said plots of lands. On 19th March, 1981 a fresh local enquiry was conducted in presence of the petitioners and a report was drawn up. The Competent authority maintained its view that, prima facie, the plots were vacant lands and insisted that the petitioners must file statements in Form-I. As already stated, against the said decision of the Competent Authority the appellants preferred an appeal under section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 which was dismissed by the Appellate Authority.;