P.K.Mukherjee, J. - (1.) In this Writ Petition, the petitioners have challenged the applicability of the provisions of the West Bengal Estates Acquisition Act, 1953, in the absence of any requisite Notification under Section 3:(3) of the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958.
(2.) By the said provision of Section 3(3) of the Act of 1958, it has been provided as follows: "3. Assimilation of State laws,- (1) All State laws which, immediately before the appointed day, extend to, or are in force in, the State of West Bengal, but do not extend to, or are not in force in, the transferred territories shall as from that day, extend to or, as the case may be, come into force in, the transferred territories: Provided that the State law specified in Schedule I shall extend to the transferred territories subject to the amendment specified in the schedule. (2) All State laws which, immediately before the appointed day, are in force in the while or any part of the transferred territories but not in the rest of West Bengal shall, on that day, stand repealed in the transferred territories: Provided that such repeal shall not effect. (a) the previous operation of any State law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation, or liability acquired, accrued or incurred under any State law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any State law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid; and (e) and any such investigation, legal proceeding or remedy may be instituted continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed. (3) Notwithstanding anything contained in sub-sections (1) and (2), the State laws specified in Schedule II as in force in the whole or any Part of the transferred territories immediately before the appointed day shall continue in force therein after that day, and the State laws specified in Schedule III shall not extend to or come into force in the while or such part of the transferred territories, as the case may be: Provided that the State law specified in item (16) of Schedule II as in force in the transferred territories immediately before the appointed day shall continue in force, after that day, only in the territory referred to in clause (b) of sub-section (1) of Section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956) and the State laws specified in items (9) and (10) of Schedule III shall not extend to, or come into force in, such territory: Provided further that, subject to the provisions of the proviso to sub-section (2) and of Section 4, the State laws specified in Schedule II shall stand repealed or the State laws specified in Schedule III shall extend to, or come into force in, the transferred territories or any part thereof, with effect from such date or dates as the State Government may, by Notification issued in the Official Gazette from time to time appoint in this behalf."
(3.) Mr. Sib Kumar Majumdar, learned Advocate, appearing in support of the Writ petition filed on behalf of the petitioner, deity, represented by sebaits, Kanai Lal Roy and others, placed the following facts for consideration of this Court.;