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1978 Supreme(Cal) 648

SALIL KUMAR DATTA
SANAT KUMAR BURMAN – Appellant
Versus
COLLECTOR, BURDWAN – Respondent


Advocates Appeared:
Durga Dass Roy

SALIL KUMAT DATTA, J.

( 1 ) THESE Rules are for the issue of a Writ of Mandamus commanding the respondents, the Collector of Burdwan and others not to compel the petitioner to take licence for making bricks in the land or to create any disturbance in the running of his brick field thereon and also not to realise the licence fee or cess from him. There is further prayer for quashing the orders contained In Annexures 'b', 'c' and 'd' to the petition.

( 2 ) THE facts in brief are as follows. The petitioner claims to be the owner of a brick field in mouza Kandorsona, P. S. Burdwan situated in plots Nos. 567, 568, 573, 574 and 1119. The petitioner claimed to be a lessee from his lessor who is a raiyat under the State. The petitioner had been carrying on the business of brick manufacturing in the aforesaid lands since 1973. The Junior Land Reforms Officer, Burdwan in March 1973 treated the business as being carried on without permission of the Collector on the basis of the provisions under Sections 4 (a-A) and 4 (2-B) of the West Bengal Land Reforms Act, 1955. The petitioner was compelled to take a licence thereunder, Annexure 'b' is a letter dated September 12, 1973 proposing the gran













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