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1993 Supreme(SC) 471

T.K.THOMMEN, V.RAMASWAMI, K.RAMASWAMY
State Of W. B. – Appellant
Versus
Suburban Agriculture Dairy And Fisheries Private LTD. – Respondent


Advocates:
P.C.KAPUR, P.S.POTI, RAJ GUPTA, RATHIN DAS, SHANKAR GOPAL PAGIRE

JUDGMENT

K. RAMASWAMY, J.:—Special leave granted.

2. This appeal arises against the judgment dated October 8, 1991 of the Division Bench of the Calcutta High Court made in F.M.A.T. No. 22532 of 1991. The first respondent, a limited Company filed under Art. 226 of the Constitution of India Civil Order No. 16339(W) of 1988 for a mandamus to refrain the appellants from giving effect to the vesting of the lands in Dag No. 1, Khatian No. 10, Tauzi No. 56, J.L. No. 26, Mouza Chowkgaria within P. S. Kasba, admeasuring 128.40 acres and to take possession of tank fisheries lying therein pursuant to the provisions of West Bengal Estate Acquisition Act, 1953, Act 1 of 1954, for short the Act. The learned single Judge directed an action under S. 10(2) of the Act after giving an opportunity to the respondents and to take possession of the said lands pursuant thereto. On appeal the Division Bench in the impugned judgment held that the appellants should take action under the West Bengal Land Reforms Act, 1955 within a period of two months from the date of the said judgment and on its failure, the respondents would be at liberty to deal with and dispose of the lands in its own manner. Until then th





















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