S.B.Sinha, J. - (1.) -This appeal is directed against the judgment and order dated 27.8.98 passed by a learned single Judge of this court whereby and whereunder the writ petition filed by the private respondent herein, the following reliefs were claimed :- (A) "A. A writ of or in the nature of Mandamus commanding the respondents to forbear from giving effect or further effect to the impugned order of requisition and acquisitiion of the petitioners land in plot No. 2545 of Mouza-Kasba passed, if any, and from giving effect further effect to the impugned Memo. No. 125/DD(C)/SURAD/CMDA dated the 1st April, 1996 refusing for granting 'No Objection Certificate' for sale of the said property as the said land which is in exclusive possession of the petitioners as the same was not included in the Calcutta Gazette Extraordinary, January 14, 1988 as requisitioned for the East Calcutta Area Development Project (annexures 'C' and 'D' to this petition), (B) A Writ of Prohibition prohibiting the respondent authorities, their agents and subordinates from interfering with the possession of the petitioners in any manner whatsoever in respect of their raiyati land recorded as X Sali in respect of plot No. 2545 of Khatian No. 633, Mouza-Kasba, District-South 24-Pgs as mentioned in the record-of-right 'annexures 'A' and 'A-1' to this petition. (C) A Direction to the respondents authorities to supply and furnish a 'No Objectin Certificate' of the petitioners in respect of the said land of Plot No. 2545, Khatian No. 633, Mouza-Kasba, J.L. No. 13, Police Station-Kasba, District South 24-Pgs. for seting some portion of the said property and for construction of their residential houses thereto in accordance with law; (D) A writ of or in the nature of Certiorari calling upon the respondents to certify and transmit the records of the proceeding to this Hon'ble Court so that conscionable justice may be done by quashing, cancelling, rescinding and seting aside the impugned order of requisition and acquisition of the petitioners raiyati land without giving them any opportunity of being heard and also not granting any 'No Objection Certificate' for selling the said land as mentioned in annexure 'C' to this petitions. (E) Any other appropriate writ or order or direction, (F) Costs of and incidental thereto; (G) Ad-interim injunction restraining the respondents, their agents and sub-ordinates from giving effect further effect to the impugned exparte order of requisition and acquisition passed if any, and from giving effect to the impugned Memo. No.125/4. 70/DD(C)/SURAD/CMDA dated 1st April, 1996 issued by the Deputy Director (C) SURAD (annexure 'C') as well as from interfering with the possession of the petitioners in any manner whatsoever in respect of their raiyati land in plot No.2545, Khatian No.633, Mouza-Kasba, J.L. No.13, Police Station-Kasba. District. South 24-Pgs. by allowing the petitioners to enjoy the said property peacefully;" was allowed.
(2.) The fact of the matter lies in a very narrow compass. One Bhuban Mohini Debi was the predecessor in interest of the writ petitioners. The land in question was recorded as a Sali land. The said Bhuban Mohini Debi died leaving behind Nanigopal Ghoshal, Niranjan Ghosal, Nirode Gopal Ghoshal and Surendra Nath Ghoshal. In the revisional settlement records of rights the name of Bhuban Mohini Debi was recorded.
(3.) This said brothers died on 14.10.57, 1.8.65, 7.2.57 and 6.4.73. Allegedly the writ petitioners inherited the properties.;