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1960 Supreme(Cal) 179

SINHA
BIDYADHARI SPILL MATSYAJIBI SAMABAYA SAMITY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
ALAK GUPTA, J.Majumdar, Manas Nath Roy, Mukundadeb Bhattacharjee, RABINDRA NATH BHATTACHARJI

SINHA, J.

( 1 ) THE facts in this case are shortly as follows : The petitioner is a co-operative society registered under the provisions of the Bengal Cooperative Societies Act. It was originally registered as far ago as 1929 and from time to time it took settlement of the fisheries in the Bidyadhari Spill Area. It is stated in the petition that the Society has developed these fisheries into planned and ideal fisheries. The last settlement taken by the petitioner society was to expire on the 31st March, 1960. The total area under settlement to the petitioner covered about 4000 bighas of land in the Bidyadhari Spill Area. It consisted of several settlements, including the four fisheries of the area of 246 bighas mentioned in Paragraph 3 of the petition. In the petition however, all mention of the remaining area has been left out. This application purports to be in respect of the settlement concerning these four fisheries, of an area of approximately 246 bighas. In all, the licenses issued to the petitioner, which expired on the 31st March, 1960 there was a clause to the effect that upon the expiration of the license, the licensee, meaning the petitioner, shall give up peaceful poss











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