Satyabrata Sinha, J. - (1.) All these writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(2.) The petitioners have Sled these writ applications claiming inter alia for the following reliefs:- "a) to issue an order, direction and/or writ in the nature of Mandamus commanding the respondents to act according to law, by not giving effect to the said impugned ex parte suo moto proceeding case No. 1 of 1996 by the said A.S.O. & S R O.-II Respondent No. 5 and all orders passed in the said case and/or otherwise ; b) to issue an order, direction and/or writ in the nature of Mandamus commanding the respondents to restore your petitioner said khatian No., plot No. 117 of khatian No. 372, plot No. 434 of khatian No. 727, plot Nos. 444 and 445 of khatian No. 442, plot No. 440 of khatian No. 371, plot No. 415 of khatian No. 189, plot No, 425 of khatian No. 664, plot No. 414 of khatian No. 230, plot No. 431 of khatian No. 276, plot No. 421 of khatian No. 617, plot Nos. 450 and 444 of khatian No, 592, plot No. 451 of khatian No. 541 of Mouza Boinchotola, J.L. No. 4, P.S. Tiljala, District South 24-Parganas in its original position by declaring the said impugned proceedings and Section 47 of W. B. E. A. Act are ultra vires ; c) to issue an order, direction and/or writ in the nature of prohibition prohibiting the respondents from acting the contravention of the provisions of the Bengal Tenancy Act, the West Bengal Estates Acquisition Act, Rules framed thereunder, the West Bengal Land Reforms Act and Rules framed thereunder as well as the provisions of Articles, 14, 21, 39 and 300A of the Constitution of India and principle of nature Justice ; d) to issue an order direction and/or writ in the nature of certiorari, directing the respondents to certify the records of the case and to transmit those records to this Hon'ble Court within the time fixed, so that conscionable Justice may be done, by quashing the said impugned proceeding being case No. 1 of 1996 by A S. O. and S R.O.-II and all orders passed, steps taken in connection with and/or relating to the said impugned case ; e) to issue an interim order of injunction restraining the respondents and/or their agents. Officers, or men and each one of them from proceeding any further and/or giving effect to the said impugned ex parte suo moto case No. 1 of 1996 as well as all subsequent proceedings and also further restraining them from any way disturbing the peaceful possession of the said area of case plots of land of your petitioner as described in Paragraph 2(a) hereinbefore being plot No. 417 of khatian No. 372, plot No. 434 of khatian No 272, plot Nos. 444 and 445 of khatian No. 442, plot No 440 of khatian No. 371, plot No. 415 of khatian No. 189, plot No. 414 of khatian No. 230, plot No. 431 of khatian No. 276, plot No. 421 of khatian No. 617, plot Nos. 450 and 444 of khatian No. 592, plot No. 451 of khatian No. 541 of Mouza Boinchotoia, J.L. No 4, P.S. Tiljala, District South 24-Parganas by the way of taking possession forcibly by destroying the cultivation of crops and vegetable and/or distributing letting it out to others till the disposal of the said Rule.
(3.) On 5th December, 1970 the Conveyance Secretary of India Council conveyed about 200 Bighas of land commonly known as 'Dhapa Square Mile' to the Justice of Peace for the town of Calcutta for conservancy of the City of Calcutta;