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1965 Supreme(SC) 178

S. M. SIKRI, P. B. GAJENDRAGADKAR, M. HIDAYATULLAH, K. N. WANCHOO, J. C. SHAH
Ram Kishore Sen – Appellant
Versus
Union Of India – Respondent


Advocates:
A.D.MUKHERJI, ARUN DUTTA, B.R.G.K.Achar, B.SEN, C.K.DAFTARY, D.N.MUKHERJI, K.R.CHAUDHARY, K.RAJENDRA CHAUDHARY, M.RAJAGOPAL, P.K.BOSH, S.C.BOSE, S.P.MUKHOPADHYAYA

Judgment

GAJENDRAGADKAR, C.J.I.: The writ petition from which this appeal arises was filed by the six appellants who reside within the limits of Thana Jalpaiguri in the district of Jalpaiguri. To their petition, they had impleaded as opponents the four respondents, the Union of India, the Secretary of External Affairs, Government of India, the State of West Bengal, and the Collector of Jalpaiguri. The substance of the prayer made by the appellants in their writ petition was that the respondents were attempting or taking steps to transfer a portion of Berubari Union No. 12 and the village of Chilahati to Pakistan and they urged that the said attempted transfer was illegal. That is why the writ petition prayed that appropriate writs or directions should be issued restraining the respondents from taking any action in pursuance of their intention to make the said transfer. Appellants 1 and 2 are the original inhabitants of villages Senpara and Deuniapara respectively which are within the limits of Berubari Union No. 12. They own ancestral homes and cultivated lands in the said villages and they live in the homesteads. Appellants Nos. 3 and 4 originally resided in villages in Thana Boda















































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