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1976 Supreme(Cal) 16

BIMAL CHANDRA BASAK
SAKTIPADA MANDAL – Appellant
Versus
COLLECTOR, DISTRICT HOOGHLY – Respondent


Advocates Appeared:
AMALBARAN CHATTERJEE, G.N.Roy, P.K.SENGUPTA, RATHINDRA NATH BHATTACHARYYA, S.Gupta

BIMAL CHANDRA BASAK, J.

( 1 ) IN this application under Article 226 of the Constitution of India, the petitioners are challenging an order of requisition of land under Section 3 (1) of West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the said Act) passed by the respondent No. 1. The petitioners' case as made out in the petition is as follows : the petitioners are inhabitants of the village named Anur situated in the district of Hooghly on the border line of the district of Bankura. The said village was a non-irrigated area and there was a lot of difficulties in cultivation of paddy. On the representation of the villagers of the said village, the State Government has installed, about 8 years ago, a deep tube well in the northern part of the village for irrigation facilities in the said village. It is stated that the said deep tube well is the only source of irrigation in the said village and because of the said tube well, the taxes are being regularly collected by the State Government from the said villagers. The lands which are provided with the irrigation facilities from the said tube well have been set out in the petition. It is alleged that t









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