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1965 Supreme(Cal) 48

A.C.GUPTA, P.CHATTERJEE
STATE OF WEST BENGAL – Appellant
Versus
KALICHARAN MUDI – Respondent


Advocates Appeared:
B.C.Dutt, HARI NARAYAN MUKHERJEE, MURARI MOHAN DUTT, N.G.Das, SIB KUMAR MAJUMDAR

CHATTERJEE, J.

( 1 ) THIS is a petition under Article 227 of the Constitution against an order passed by the Land Acquisition Collector on the 28th May, 1960. The Land Acquisition Collector passed an award, then he modified it. Against that order, Civil Rule No. 659/58 was issued and the Rule was made absolute by J. P. Mitter, J. It was found that the Land Acquisition Collector had no powers to amend his original award and the Rule was made absolute. Thereafter, the matter went back to the Collector who restored his original award on the basis of the judgment of the High Court as he understood it. Mr. B. C. Dutt on behalf of the State has urged that he could not restore the original award and if he did so, he was mistaken. According to Mr. Dutt, the original award was set aside by the Land Acquisition Collector and an amended award was then passed. The amended award in its turn was set aside by the High Court. Hence, the position was that the original award stood set aside by the order of the Land Acquisition Collector dated the 16th September 1957 and the amended award was set aside by this Court by its order dated the 15th January 1960. Hence according to Mr. Dutt, there was no



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