Ajit Kumar Sengupta, J. - (1.) In this application the petitioners have challenged the provisions of Criminal Law Amendment Ordinance, 1944 (shortly stated hereinafter to be the Ordinance of 1944) as ultra vires the Constitution and void being violative of Articles 14 and 19(1)(f) prior to its repeal and Article 19(1)(g) of the Constitution of India. The petitioner also have challenged the orders dated 21st January, 1934, 18th April, 1984 and 23rd July, 1984 all passed by the District Judge, 24 Parganas at Alipore in O. S. No. 67 of 1982 on the application made by the Inspector General of Police, Cabinet (Vigilance) Department, Govt. of Bihar oo behalf of the State of Bihar for attachment of Fixed Deposits of Rs. 1.11 Crores lying in different Banks in Calcutta as also for attachment of premises No. 7, Queens Park, Calcutta.
(2.) This case has a chequered history. In order to appreciate the contentions urged, it is necessary to relate the historical events, which according to the writ petitioners have compelled them to file the present writ petition.
(3.) The first petitioner is a public limited company Incorporated under the Indian Companies Act, 1913 which prior to 1973 owned leasehold interest in coal land in Santhal Parganas, Birbhum The management of the said collieries vested In the Central Government on and from 31st January, 1973 under the Coal Mines (Taking Over of Management) Act, 1973 and thereafter on 1st May, 1973 the said collieries vested in the Centra) Government under the Coal Mines (Nationalisation) Act, 1973. According to the first petitioner up till now no compensation money has been received either for taking over the management or for vesting of the said collieries. The first petitioner never had any leasehold interest subject to sub-leases in any collieries in the State of Bihar and the question of receiving any compensation under the Bihar Land Reforms Act, 1950 (shortly hereinafter to be referred to as B.L.R. Act) by the first petitioner does not arise. According to the first petitioner by a conveyance dated 23rd October, 1975 the first petitioner purchased undivided portion of premises No. 7, Queens Park, Calcutta, at a price of Rs. 2,71,000/-.;