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1951 Supreme(Cal) 301

P.N.MUKHERJEE, P.B.MUKHARJI
RAMHARI MANDAL – Appellant
Versus
NILMONI DAS – Respondent


Advocates Appeared:
BASANTA KUMAR PANDA, MANINDRA KRISHNA GHOSH

P. B. MUKHARJI, J.

( 1 ) THIS is an application by the owner of certain agricultural lands for setting aside the decision of the Conciliation Board and of the Appellate Officer under the West Bengal Bargadars Act, 1950. The application is made under Article 227 of the Constitution. A rule was obtained by the petitioner against the respondent Bargadar or Bhagchasi to show cause why the order complained of should not be set aside.

( 2 ) THE learned Advocate appearing on behalf of the petitioner has raised four important issues in this application. His first contention is that the West Bengal Bargadars Act (Act II (2) of 1950) is ultra vires the Constitution. His second contention is that in any event the procedure prescribed by the Bargadars Act is ultra vires the Constitution. His third contention is that as the petitioner terminated the cultivation of the lands by the Bargadar and rightly or wrongly got into possession, the Board had no jurisdiction to restore the Bhagchasi to possession of lands and to compel the delivery of paddy grown by the petitioner to the respondent Bhagchasi. Lastly, it was contended on behalf of the petitioner that the order of the Board was beyond the t




















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