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1979 Supreme(Cal) 284

D.K.Sen
Prodyot Kumar Singha – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
B.K. Panda, B. Panda, Banadm Dutta, N.L. Pal, P.N. Palit, Sailen Baxi,

JUDGMENT

1. PRODYOT Kumar Sinha, since deceased and Bidyut Kumar Sinha are the original petitioners in this application. They claim to have been permanently settled in several plots of non-agricultural land being R. S. Plots Nos. 7617, 7618, 7620, 7622 and 7568 in Mouja Jhalda, Purulia, by the owners thereof, viz., the Debutter estate of Sri Iswar Muralidhar Jew Thakur acting through its then sebayit Uddhab Chandra Sinha, the Raja of Jhalda, under a registered Deed of lease executed on the 23rd April 1948. In terms of the said lease weekly cattle and vegetable markets and for hats as also daily markets are regularly held by the lessees on the said land and they collect tolls and fees from the persons using the said markets, On the 16th August 1972, the original petitioners submitted returns in the prescribed "b" form under the West Bengal Estate Acquisition Act, 1953 and on the 29th May 1972 they also submitted returns in the prescribed form 7a under the West Bengal Land Reforms Act, 1955. Licences under section 405 of the Bengal Municipal Act 1932 have been issued in favour of the original petitioners by the Municipality of Jhalda for holding the said markets on the said land which































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