Arindam Sinha, J. - (1.) Petitioner no.1 is a company and petitioner no.2, shareholder director therein. Bhagya Laxmi Cotton Mills and Industries Ltd. was amalgamated with petitioner company under order dated 6th November, 1979 passed by Company Judge in CP 421 of 1979. Said mill had on 18th January, 1956 taken lease of 43.5 bighas of land situate at Belghoria being premises no.5/5, B.T. Road, Kolkata-700056. According to petitioners there were some unauthorised occupants on part of the lease hold and said mill had in its own occupation, area of 27 bighas and 14 cottahs.
(2.) By WP 13495 (W) of 2005 petitioners contend, sometime in August, 1989 a part of the land was requisitioned under West Bengal Land (Requisition and Acquisition) Act (II), 1948. This requisition was in respect of 1.6 acres of land taken possession on 18th August, 1989. On 20th September, 1990 about 2.76 acres of land was also requisitioned. Then there was further requisition made of 1.92 acres of land under Act II. These lands were subsequently notified to have been acquired. Some compensation was paid and proceedings were continuing for determination of the rest when, by order dated 1st February, 2000, Land and Land Reforms Department, Government of West Bengal sought to resume about 5.86 acres of the land. Petitioners contend, simultaneously with issuance of order for resumption, respondent authorities took actual physical possession of entire land, then in possession of petitioners in terms of provisions of West Bengal Estates Acquisition Act, 1953.
(3.) Order of resumption was ultimately challenged by petitioners in West Bengal Land Reforms and Tenancy Tribunal. By judgment and order dated 13th June, 2003 the Tribunal quashed order of resumption dated 1st February, 2000. Petitioners contend, State finally accepted said order dated 13th June, 2003 passed by the Tribunal but failed and neglected to restore possession of the land to petitioners. Part of subject matter of since set aside order of resumption is land that was not subject matter of earlier acquisitions. Hence, petitioners by WP 13495 (W) of 2005 have sought delivery of actual physical possession of 3.815 acres of land, possession of which had been taken by State pursuant to said, since set aside, resumption order dated 1st February, 2000, as were not subject matter of acquisition proceedings.;