Paritosh Kumar Mukherjee, J. - (1.) These two writ petitions filed on behalf of the petitioner, Messrs. Tandon Brothers, involve determination of identical questions of fact and law and the reliefs made in the second writ petition are dependent upon adjudication of the earlier proceedings, and as such, the hearing of these two writ petitions is taken up together, by "consent of parties."
(2.) The Civil Rule No. 13128 (W) of 1979 was moved on September 13, 1979, before Sabyasachi Mukharji, J (as His Lordship then was) inter alia, praying for the following reliefs: "(a) to issue a writ in the nature of Mandamus commanding the respondents from not giving any effect or further effect of the impugned Order, dated 15th December 1977, Annexure "E". (b) to issue a writ in the nature of Certiorari directing the respondents to produce the records of the case so that on perusal of such records the impugned order, dated 15th December 1977 (Annexure E) may be set aside and quashed and/or conscionable justice may be done between the parties. (c) to issue a writ in the nature of Prohibition prohibiting the respondents to take any action of the impugned Order, dated 15th December 1977 (Annexure D). (d) to issue a Rule Nisi in terms of prayers (a), (b) and (c) above. (e) after hearing the causes shown if any to make the rule absolute. (f) to pass such other or further Order or Orders as to your Lordships may seem fit and proper. (g) to pass any other appropriate Writ, Order and/or erection. (h) to grant interim injunction restraining the respondents and their servants or agents to make effort to transfer of the lands from the date of passing of the Order under Section 6(3) of the West Bengal Estates Acquisition Act to the Union of India till the disposal of the Rule."
(3.) The second writ petition, which was moved on September 4, 1986, being C.O. 10642 (W) of 1986, the petitioner firm prayed, inter alia for the following reliefs : "(a) to issue a Writ in the nature of Mandamus commanding the Respondents to de-requisition the lands not covered under Notice under Section 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952; (b) to issue a Writ in the nature of Mandamus commanding the Respondents concerned to acquire the property covered under Notice under Section 7(1) of the Requisitioning and Acquisition Immovable Property Act, 1952; (c) to issue a Writ in the nature of Certiorari directing the respondents concerned to produce the records, the Order and/or notice of Requisition (Annexure A) and the Notice of Acquisition (Annexure C) may be set aside, quashed and/or a conscionable justice may be done between the parties. (d) to a Rule Nisi in terms of prayers (a), (b) and (c) above (e) to issue any other Writ, Order and/or direction; (f) after hearing the causes, shown, if any, to make the Rule absolute, (g) to pass such Order or further Order or Orders as to your Lordship may seen fit and proper." However, it appears that the above prayers (cc) and (ccc) were amended as per Order of the Court, dated April 18, 1988.;