Basudeva Pantgrahi, J. - (1.) Heard Mr. Bhattacharjee, learned Advocate appearing for the writ petitioner, Mr. Asit Baran Mukherjee, learned Advocate appearing for this private respondents and also Mr. A. N. Banerjee, learned Advocate appearing for the State of West Bengal.
(2.) This is an application under Article 226 of the Constitution of India for issuing a writ of Mandamus against the respondent No. 3 for production of the records of the Case No. 54 of 1997 and also prohibiting him to proceed with the case pending in his file.
(3.) It has been categorically stated, Inter alia, by the writ petitioner that the lands in question are nor-agricultural lands for which the respondent No. 3 has no legal authority to issue a notice along with an order, being Annexure 'A' to the writ petition calling upon the petitioner to file her return in Form No. 7AA of the Amendment Act of 1981. It has further been submitted that there was a previous celling proceeding against the landholder, namely, the writ petitioner wherein she has submitted her return pursuant to the notice issued by the Assessing Authority, vide Annexure 'C' to the writ petition, on 5.7.84. Since there has been no communication after the submission of return, it can well be presumed that the writ petitioner did not possess any land beyond the ceiling limit. Therefore, the case must have been dropped.;