( 1 ) IN, this application under Article 227 of the constitution the applicants have challenged maintainability of the petition of complaint dated 31. 10. 1992 in the Court of the learned Sub-Divisional Judicial Magistrate, Serampore registerd as C. R. case No. 262 of 1992 on the ground that no prior sanction was obtained from the Government for the said prosecution.

( 2 ) THE petitioners case, in short is that petitioner No. 1 being the District Library Officer and Librarian-in-charge and petitioner No. 2 being the clerk-cum-typist of Uttarpara Joykrishna Public Library, District Hooghly are the gazetted officer and the Government employee respectively under the State Government. The Library is situated at holding No. 228, G. T. Road under Uttarparakotrung Municipality. By virtue of a declaration published by the Government of West Bengal in L. A. Case No. 1 of 1992/93 on 14. 10. 1985 under section 6 of the Land Acquisition Act, 1894, the property in C. C. Plots No. 1374 and 1375 of Mouza and P. S. Uttarpara were taken over and annexed to the area under occupation of the said library. The respondent No. 1 is the occupier of holding 212, G. T. Road w