( 1 ) THIS is an application under Article 226 of the Constitution of India for an appropriate writ directing the opposite parties to forbear from depriving the petitioner of its property at Kan-chrapara which has been sought to be acquired under the West Bengal Land Development and Planning Act, (Act xxi of 1948) 1948.

( 2 ) THE petitioner is a society formed and registered under the Societies Registration Act of 1860. This society owned and was possessed of 7,997 acres of land at Kanchrapara out of which 4,937 acres were in has possession of the society and the rest was tenanted land. It appears that 3,57871 acres of land out of 7997 acres were received by way of donation from philanthropic persons. The petitioner society had established six branches for carrying out the purposes of the society at Kanchrapara, Sodepur, Lilooah, Ovaria, Chakolia and Hazaribagh. In the year 1943-44, 5,000 acres of land were requisitioned by the Government under the Defence of India Rules for the use of the United States Army. 2,997 acres were thereafter left in the possession of the society, out of which 1218 acres were in the possession of tenants and the remaining portion, 1,778 acres,