Satyabrata Sinha, J. - (1.) The first petitioner which is a Co-operative Society registered under the Co-operative Societies Act and the petitioner No. 2 being its Secretary have filed this writ application claiming, inter alia the following reliefs:- "(a) A writ of and/or in the nature of Mandaums commanding the respondents to forthwith forbear from giving any effect or further effect and/or taking any step or further step and/or acting or continue to act on the basis of the notice dated 20th Feb. 1996 and the proceeding which was communicated by the notice and the order being Annexure J. to this petition and it be declared that the said proceeding and the notice are wrong, illegal, without jurisdiction and without any basis. (b) A Writ of and/or in the nature of Mandamus commanding the respondents to do what is necessary for making permanent settlement of the said land with the said Cooperative Society; (c) A Writ of and/or in the nature of Prohibition prohibiting the respondents from perusing in any way on the basis of the said proceeding which has been communicated by the notice and the order (Annexure-J) to this petition) and they be prohibited from taking any step in pursuance of the said order and proceeding and to take possession of the land in dispute."
(2.) The fact of the matter is not much in dispute.
(3.) By reason of recession of Rasulpur River a Charland having a vast area emerged. The lands involved in this writ application is commonly known as Sunia Charland. The Board of Revenue of the State of West Bengal sanctioned a proposal for settlement of 128.74 acres in plot No. 425 under Government Estate No. 2703 under Contai P.S. with the first petitioner as would appear from its letter dated 27-8-1954 addressed to the Commissioner on payment of a selami of Rs. 4,228 and 2 annas and on payment of rent. The nature of settlement was to be non-occupancy raiyat and the period of lease was to be for 10 years. The lessee was to execute a lease in terms of Appendix IV of Government Estate Manual, 1953 including the conditions set forth in paragraphs 2 and 3 of Boards letter dated 15-12-1954. Pursuant to or in furtherance of the said sanction and final approval of the Commissioner the first petitioner by an indenture dated 9-10-1955 entered into an agreement of non occupancy raiyati lease on or about 5-12-1955.;