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1974 Supreme(Cal) 239

A.C.GUPTA, SAMARENDRA CHANDRA DEB
CHABIRAN BIBI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
NIRENDRA KRISHNA MITRA, ROBIN DUTTA, S.C.DAS GUPTA, TAPAN SEN GUPTA, UDAY SANKAR CHATTERJI

GUPTA, J.

( 1 ) IN this Rule which arises on application under Article 227 of the Constitution, the validity of a proceeding under Section 44 (2a) of the West Bengal Estates Acquisition Act is in question. The proceeding was started on January 22, 1970 by an Assistant Settlement Officer apparently on his own motion. The time limit for initiating a proceeding under Section 44 (2a) by an Officer of its own motion was at the relevant time 15 years from the date of final publication of the record-of-rights. West Bengal Estates Acquisition Act originally did not contain Section 44 (2a ). This provision was introduced in 1958 by West Bengal Estates Acquisition (2nd Amendment) Act, 1957 (West Bengal Act XXV of 1957) when the time limit for initiating a proceeding under the Act was six months. Thereafter this time limit was extended by different Acts amending the section. In the year 1963 the time for starting a suo motu (proceeding was extended upto nine years 'by the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Bengal Act XXII of 1963 ). Till then all the amending Acts extending the time limit had received the assent of the President. In 1967 by the West Bengal Estates Ac





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