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1976 Supreme(Cal) 178

SANKAR PRASAD MITRA, S.K.DATTA
ANCHAL BHUSAN BOSE – Appellant
Versus
THE STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ARUN K.DUTTA, BASANTA KUMAR PANDA, Bhagabati Prasad Banerjee, BIMAL KUMAR DATTA, Chandidas Roy Chowdhury, Dipankar Gupta, GOURI NATH MITTER, KALYANMAY GANGULY, NANDALAL PAL, NANI COOMAR CHAKRABORTY, NIHIR K.ROY, PARITOSH K.MUKHERJEE, Prabir Kumar Samanta, S.C.BOSE, SAMAR BANERJI, SAMARJIT GUPTA, SIBKUMAR MAJUMDAR, Standing Counsel, SUNDARANANDA PAL, SUPRAKASH BANERJEE, SWADESH BHUSAN BHUNIA, TAPAN KUMAR DEY, TAPAN KUMAR SEN GUPTA

SANKAR PRASAD MITRA, C. J.

( 1 ) THIS Rule has been referred to a larger Bench by an order of Debi Prasad Pal, J. , made on the 22nd August, 1973. The petitioner has challenged the vires of certain provisions of the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XII of 1972 ). The petitioner's contention is that the Act has introduced provisions curtailing the ceiling of land which raiyats were allowed to retain under the West Bengal Estates Acquisition Act, 1953 and the West Bengal Land Reforms Act, 1955. The relevant provisions Of the Act are void and ultra vires Articles 31 (2), 14, 19 (1) (f) and 31-A of the Constitution. The validity of the Constitution (Twentyfourth Amendment) Act, 1971 and the Constitution (Twentyfifth Amendment) Act 1971 have also been challenged in the petition. These Acts, however, were considered by the Supreme Court in Keshavananda v. State of Kerala. The relevant provisions of both the Acts have been held to be valid. Various other constitutional points have also been raised.

( 2 ) THE Learned Judge's attention was drawn to the fact that hundreds of rules were pending in this Court on identical points. And a decision on this applicat




















































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