( 1 ) (CIVIL. Rule No. 2848 of 1951.) This is an application under Article 226 of the Constitution for an appropriate writ directing the opposite parties to forbear from giving effect to a notification and a declaration both dated 16-3-1951 and published on 5-4-1951 and 12-4-1951 respectively issued under the provisions of the West Bengal Land Development and Planning Act, 1948.

( 2 ) THE petitioner is a permanent tenure-holder in respect of a large area of land in Mouza Makla P. S. Utterpara in the district of Hooghly. By a notification dated 16-3-1951 bearing no. 3132 L. Dev. issued under Section 4 of W. B. Act 21 of 1948 and published in the Calcutta Gazette dated 5-4-1951 the Government of West Bengal declared that portions of the lands held by the petitioner, particulars whereof are set out in the second schedule to the petition, were likely to be needed for settlement of immigrants. By a declaration bearing No. 3134 L. Dev. and also dated 16-3-1951 issued under Section 6 read with Section 7 of the said Act 21 of 1948, it was made known that the said plots (which were the subject matter of the notification under Section 4 were needed for settlement of immigrants. Th