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1952 Supreme(Cal) 4

BOSE
ASWINI KUMAR NATH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
BINAYAK NATH BANERJEE, Jagannath Cangopadhyay, Smriti Kumar Roy Chaudhury

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate Writ directing the opposite parties to withdraw and/or cancel the orders of acquisition and certain notifications issued under the West Bengal Land Development and Planning Act.

( 2 ) THE petitioner is the owner of certain plots of lands in Mauza Hatinagar and Mauza Shibpore within the jurisdiction of Berhampore Police Station in the district of Murshidabad. The particulars of such lands are set out in paragraph 5' of the petition. It is alleged that some of these lands are tenanted and some are under cultivation of the petitioner. It is alleged that for some time past certain refugees have been trespassing upon the lands of the petitioner under the authority of the opposite parties and they are cutting down trees and making excavations and are causing damage to the petitioner's lands. It is alleged that on the 30th November, 1950, two notifications, one bearing No. 12676 L. Dev. dated the 16th November, 1950, purported to be made under Section 4 of the West Bengal Land Development and Planning Act and another bearing No. 12678 L. Dev. also dated the 16th November, 1950, and purporting









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