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1951 Supreme(Cal) 89

BOSE
MD. SAFI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
CHANDRA SEKHAR, G.P.KAR, Smriti Kumar Roy Chaudhury, SUSHIL KUMAR BISWAS

BOSE, J.

( 1 ) THIS is an appln. under Article 226 of the Constitution for a Writ in the nature of Mandamus directing the resps. to cancel or recall notfns. NOS. 3642 L. Dev. and 3644 L. Dev. both dated 4-4-1950 issued under the West Bengal Land Development and Planning Act, 1948 and also to forbear from giving effect to the said notfns.

( 2 ) THE petnr. is the owner of certain lands appertaining to Cadastral Survey Plot NOS. 389, 390, 391 and 966 at Mouza Manirampur and Thana Barrackpore in the District of 24 Parganas. The petnr. cultivates the said lands and grows various kinds of vegetables thereon and sells the same at the Sadar Bazar, Barrackpore and the sale proceeds of these vegetables are alleged to be the only means of livelihood of the petnr. and his family. The lands in question have been used for the last forty years for growing high class vegetables. The petnr. has also erected a building on the said lands consisting of six rooms out-of which four rooms are let out to tenants and two rooms are occupied by the servants and workmen of the petnr. In that land there is also a cow-shed where the petnr. has kept cattle for the purpose of his cultivation. There are also two

















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