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1988 Supreme(SC) 80

B.C.RAY, G.L.OZA
State Of W. B. – Appellant
Versus
Ashit Nath Das – Respondent


Advocates:
Badar Ahmed, PARIJAT SINHA, RATHIN DAS, S.N.KACKAR, SOMNATH CHATTERJI

Judgment

OZA, J. :- Leave granted.

2. This appeal has been filed aggrieved by the judgment of the High Court of Calcutta dated 20th May 1987 wherein the learned Judge allowed a petition under Article 227 and quashed suo motu proceedings under Sec. 44(2a) of the West Bengal Estates Acquisition Act, 1953 (Act for short) and also the appeal which was pending before the lower appellate court under the Act. The proceedings under Article 227 reached the High Court rather in an interesting situation. Suo motu proceedings in 1968 were started by the Revenue Officer Tollygunj under Sec. 44(2a) of the Act. There were also proceedings under Sec. 6 clause 5 read with Sec. 47 of the same Act started by Revenue Officer and the case was registered as Case No. 22 of 1968.

2A. A suit filed in 1969 between parties to which the State of West Bengal was not a party ended in a compromise decree on 6-8-1970 and a decree in terms of compromise was drawn up. It was titled suit No. 67 of 1969. After the final orders were passed by the Revenue Officer in Case No. 22 of 1968 wherein the respondent Ashit Nath Das did not participate and against these final orders a petition was filed in the High Court of Calcutt













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