SANAT KUMAR MAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1999-3-29
HIGH COURT OF CALCUTTA
Decided on March 04,1999

SANAT KUMAR MAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

S.B.Sinha, J. - (1.) The petitioners in this writ application, inter alia, have prayed for the following reliefs:- "(a)A Writ of Certiorari commanding the respondents Nos. 1 to 7 to forthwith produce, certify and/or cause production of the records of the case No. 4 of 1962 of District Hooghly started against Munindra Nath Mal, father of the petitioners, under section 5A of the West Bengal Estates Acquisition Act and Estates Acquisition Appeals Nos. 9 and 10 of 1974 of the court of the Special Judge under section 5A(6) of the said Act, being the District Judge, Hooghly and the papers and documents relating to the purported order of vesting passed by the Respondents Nos. 1 to 7 so that the same may be perused and set aside by this Hon'ble Court. (b)A Writ of Mandamus commanding the Respondents Nos. 1 to 7, their officers, servants and agents to cancel, revoke and/or rescind the orders impugned in the present petition and also the purported order of vesting passed by the Revenue Officer and not to give any effect or further effect to the said impugned orders and to act in accordance with law."
(2.) The case has a chequered history. One Munindra Nath Mal was an ex-intermediary. The petitioners are heirs and legal representatives of the said Munindra Nath Mal. The said ex-intermediaries allegedly owned and possessed the following lands:- "(a)Agricultural 13.22 Acres (b)Non-Agricultural 16.91 Acres (i)Tank & Doba 4.84 Acres (ii)Danga 8.86 ,, (iii)Bamboo 3.21 ,, (c) Home Stead 1.07 Acres (d) Orchard 13.79 Acres."
(3.) Admittedly by reason of a registered deed of settlement dated 25.11.1953 the said ex-intermediary made the following settlements in favour of his sons:- "(a) Sushil Kumar (i)Agricultural .49 Acres (ii)Non-Agricultural 1.65 Acres (a)Tank .34 (b)Danga 1.01 (c)Bamboo. 30 (iii)Homestead .16 Acres. (iv)Orchard .18 Acres. 2.48 Acres. (b) Sanat Kumar Mal. (i)Agricultural 1.20 Acres. (ii)Non-Agricultural 2.45 Acres. (a)Tank & Doba .43 (b)Danga 2.02 (iii)Orchard 1.45 Acres. 5.10 Acres. (c) Saroj Kumar Mal. (i)Agricultural .76 Acres. (ii)Non-Agricultural .96 Acres. (a)Tank & Doba .47 (b)Danga .44 (c)Bamboo .05 (iii)Home Stead .15 Acres (iv)Orchard .91 Acres 2.78 Acres (d)Santosh Kumar Mal. (i)Agricultural 2.17 Acres. (ii)Non-Agricultural 2.14 Acres. (a)Tank & Doba. 47 (b)Danga .63 (c)Bamboo 1.04 (iii)Homestead .15 Acres. (iv)Orchard .84 Acres. 5.30 Acres. (e) Sunil Kumar Mal. (i)Agricultural 1.25 Acres. (ii)Non-Agricultural 1.29 Acres. (a)Tank & Doba .36 (b)Danga .47 (c)Bamboo .46 (iii)Homestead .15 Acres. (iv)Orchard .42 Acres. 3.11 Acres.;


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