Protik Prakash Banerjee, J. - (1.) In this application Under Article 226 of the Constitution of India, the writ petitioner has prayed for the following principal reliefs: A. A writ in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees, not to give effect or further effect the orders/decisions/award dated 22.01.2014, 03.03.2014 and 13.08.2014 purportedly passed/taken by The Land Acquisition Collector, Purba Medinipure of the Land Acquisition Act 1894 and to set aside by declaring that the same is void and illegal; B. A writ in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees, not to give effect or further effect the orders/ decisions dated 21.05.2008 and 08.07.2013 purportedly passed/taken by The Executive Engineer, Purba Medinipur and to set aside by declaring that the same is void and illegal; C. A writ in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees, not to give effect or further effect the orders/decisions dated 14.08.2014 purportedly passed/taken by The Deputy Secretary, Government of West Bengal and to set aside by declaring that the same is void and illegal; D. A writ in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees, to return/restore/release the petitioners' lands as mentioned in paragraph no. 3 under requisition in exercise of the powers of the West Bengal Land (Requisition & Acquisition) Act 1948; E. A writ in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees, to compensate for wrongful possession of the lands mentioned in the paragraph no. 3 from 1977 to till date; Besides a prayer for certification of the records of the case and that transmission of this Court for quashing of a show, call requisition order has also been sought. Even though that prayer has been prefaced with the word Mandamus/ direction the same is clearly and inadvertent mistake on the part of the draftsman. Clearly, what was intended to be prayed for was a direction in the nature of the Asha Arora. There is a further interim order prayed for in terms of prayer (i): "Ad interim order be passed against the respondents, their agents, servants, subordinates, employees and/or assignees, from taking any action/further action on the strength of the orders/decisions/award dated 22.01.2014, 03.03.2014, 13.08.2014, 21.05.2008, 08.07.2013 and 14.08.2014 and they be further restraining to change the nature, character and present position of the lands mentioned in the writ petition till disposal of the writ petition;"
(2.) The facts pleaded in the writ petition would show that a notice under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 referred to hereinafter as Act II of 1948 was issued to the petitioners' predecessors-in-interest in respect of the lands mentioned in paragraph 3 of the writ petition, for the public purpose of construction of the Alangiri-Kasabgola road. Ultimately, over a part of the said requisitioned lands, a metal road was constructed. It is the specific case of the writ petitioners that only about 18 decimals of land in plots No.3291, 3306, 3307, 3306/3589 and 3292/3774 were required and the rest of the requisitioned land, measuring approximately 49 decimals of land was requisitioned in excess of the requirement. Naturally, the requirement was of a permanent nature. Therefore, the respondents ought to have acquired the land under Act II of 1948 or even otherwise as allowed by law. However, the respondents did not acquire the said lands nor, as a matter of fact did they release the lands from their possession, despite several representations having been made by the petitioners and/or their predecessors-in-interest. When one of the writ petitioners moved this court by way of WP No.6169 (W) of 2006, the matter was disposed of by a coordinate bench an order dated June 23, 2006 giving the petitioner a liberty to make a representation/application which the respondent authorities were directed to consider and dispose of within a stated time. Such representation was made by the one of the petitioners but the competent authority of the public works department of the respondent no. 1 by a reported dated March 2, 2007 in connection with the said earlier writ petitionwrote as follows: - "In reference to the above the under signed is to state that on enquiry it is found that temporary barricade at a distance of 22"-0" from the centre of the road on the plot No.3291 & 3292/3774 of Mouza Pachrol, J.L. No.49 exists. But the acquired land on the said portion is much beyond the barricade, which is not being utilized for the said road purpose. Considering the market portion, for the business purposes and the order of High Court, the land may left keeping after land at least 22"-0" on both sides from the centre line of the Existing pucca road."
(3.) The writ petitioners relied upon this report and applied for action in terms thereof to the competent authorities on May 15, 2007. When nothing happened, they filed another writ petition being WP No.13547 (W) of 2007 which was disposed of by a coordinate bench on October 8, 2007 by directing that the representation aforesaid be considered within a specified time after personal hearing with a further direction that till such decision was taken, the respondent authorities and the other officials involved with the land shall keep the excess land of the petitioner in the present position without encumbering the same in any manner.;