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1999 Supreme(Cal) 93

B.M.Mitra
Paul Rozario – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Bhabesh Ch. Biswas for the petitioner
Amal Kumar Das, Anil Kr. Gupta for the State

Judgment

B.M. Mitra, J.

The instant petition is directed against Order No.3 dated 4.2.99 which is appended as Annexure 'K' to the writ petition. From a perusal of the said order, it appears that the disputed plot was vested to State in B.R. Case No. 33/69 under West Bengal Estates Acquisition Act. Therefore, a conclusion has been sought to be arrived at from the reference of the particulars of B.R. Case, as noted above, that the petitioner is a post-vesting purchaser and post-vesting purchasers are not entitled to get any title to the land already vested. The petitioner wants to challenge the said finding and it is doubtful as to how far the said question is amenable to challenge particularly under writ jurisdiction where a fact finding scrutiny has already been made and a conclusion has already been arrived at. It has been stated on behalf of the petitioner that on previous occasions the concerned officer has certified to the effect about the petitioner's possession and rent receipt is being issued. In support of the same, a reference was drawn to the case of Panchu Molla vs. State of West Bengal & Ors., reported in 1980 Vol. II CLJ I, where it has been held that when the State Gove




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