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1951 Supreme(Cal) 207

BOSE
RAJENDRA KUMAR RUIA – Appellant
Versus
GOVT. OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.SEN, ANIL KUMAR DAS GUPTA, K.Basu, K.P.KHAITAN, S.BANERJEE, S.M.BOSE

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for a Rule upon the respondents to show cause why Writs in the nature of Mandamus, Certiorari and Prohibition should not issue for direction upon the respondents to recall a Notice issued under the Land Acquisition Act, 1894 and for quashing and prohibiting of certain proceedings started under the said Act.

( 2 ) THE petitioners are two minor co-parceners of a joint Hindu Mitakshara family. The case of the petitioners is that premises No. 151/1, Baithakkhana Road and 98, Akhil Mistry Lane belong to the said joint family of the petitioners and the petitioners are separately entitled to one eighth share each in the said premises. By two indentures of leases dated the 4th June 1910 and 7th September 1929 the predecessors-in-interest of the petitioners granted leases in respect of. the said properties in favour of the then trustees of an educational institution then known as Ripon College and now known as Surendra Nath College. The leases were for a period up to 31st March, 1981. It is alleged that for the first time on or about the 5-2-1951 a Notice issued under section 10 of the Land Acquisition Act was ser





















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