PRANAB KUMAR CHATTOPADHYAY, J.

Instant writ petition has been filed assailing the judgment and order dated 7th December, 2007 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 989 of 2005 whereby and whereunder the said learned Tribunal was pleased to hold that the subject land being comprised within mill/factory vested in the State subject to the provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953 and subsequently the purpose for holding subject land by the intermediary having been frustrated, the State Government by reason of the proviso to Section 6(3) and Section 6 (1) (g) of the said West Bengal Estates Acquisition Act, 1953 is competent to resume the said subject land. The learned Tribunal, therefore, did not find any reason to interfere with the order of resumption passed by the State Government and dismissed the application on merits. The facts giving rise to this writ petition are briefly summarized hereinafter.

The property in question was initially leased out to the predecessor-in-interest of the petitioner and during the subsistence of the lease period the said predecessor-in-interest of the petitioner purchased the property on 28th November, 1945. The father of the petitioner was running a factory known as “Sodepur Pottery” on the said land. The name of the father of the petitioner herein was recorded as Raiyat as per provision of Rule 4 of the West Bengal Estates Acquisition Act, 1953. There is no dispute that the aforesaid land measuring about 2.31 acres was used and occupied for the purpose of running the said factory known as “Sodepur Pottery”. The father of the petitioner after running the said factory for sometime closed down the same and left for Punjab-Haryana after posting guards at the property in question. The petitioner claims to be still in possession of the land including the structure standing thereupon after the demise of the said predecessor-in-interest.

It has been submitted on behalf of the petitioner that the predecessor-in-interest of the petitioner had no land in the State of west Bengal save and except the aforesaid 2.31 acres of land which was recorded in the name of the father of the petitioner in the R.S. Record of Rights as a Raiyat in terms of Rule 4 of the West Bengal Estates Acquisition Rules, 1954. It appears that on 29th December, 1971 an order was passed by the Government of West Bengal under Section 6(3) of the West Bengal Estates Acquisition Act, 1953 declaring that the aforesaid 2.31 acres of land comprised in the said factory of the petitioner being required for the purpose of the said factory may be retained by the owner in accordance with the provision of law. The said order dated 29th December, 1971 is set out hereunder:

“Government of West Bengal

Land and Land Revenue Department, Land Reforms

Order

No. 13549-L.Ref./6M-302/68 dt. 29.12.71

Whereas land measuring more or less 2.31 acres comprised in the Sodepore Potteries (Private) Ltd. (herein after called the said Factory) in mouze Sukchar J.L.No. 9 in Police Station Khardah District 24-Parganas, vested in the State Government free from all encumbrances under section 5 of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954) (hereinafter called the said Act.)

And whereas it appears to the State Government that the entire area of 2.31 acres is required for the purpose of the Factory.

Now, therefore, in exercise of the powers conferred by Sub-Section (3) of Section 6 of the said Act the Governor is pleased to declare that 2.31 acres of land comprised in the said Factory as mentioned above being required for the purpose of the said Factory may be retained by the owner in accordance with the provision of law.

By order of the Governor,

Sd/- S.S. Chatterjee.

Deputy Secretary. ”

Subsequently, another order was passed on 4th March, 1999 by the Joint Secretary, Land and Land Reforms Department, Government of West Bengal, whereby the earlier order dated