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1979 Supreme(Cal) 137

CHITTATOSH MUKHERJEE, B.C.RAY
Braja Mohan Choudhury – Appellant
Versus
Revenue Officer – Respondent


Advocates Appeared:
Kazi Mohamad Ali, Sk. Abdus Salam for the appellant.
Mrs. Mukti Maitra for the respondents.

JUDGMENT

Chittatosh Mookerjee, J.


1. The appellant has preferred this appeal under Clause 15 of the Letters Patent against the judgment of his Lordship the Hon'ble Mr. Justice Sabyasachi Mukharji dated 20th February, 1979 summarily rejecting his writ petition.

2. We have heard Mr. Kazi Mohammad Ali, for the appellant and Mrs. Mukti Maitra, for the State-respondents. Mrs. Maitra has also placed before us the original records of Case No. 39/DNK of 1976 under Ss. 14(S) and 14(T) of the West Bengal Land Reforms Act. We are inclined to set aside the order of summary rejection of the writ petition filed by the appellant. Presumably, the attention of the learned Single Judge was not drawn to the full facts of the case because the learned Single Judge appears to be under a miss-apprehension that the impugned proceeding under S. 14(S) and 14(T) of the West Bengal Land Reforms Act was conducted against Braja Mohan Choudhury, the appellant. After perusing the original records of the said proceeding, we are convinced that the said proceeding was against Sushil Krishna Choudhury, the father of Braja Mohan Choudhury, who had appeared through an agant (not Braja Mohan Choudhury). Braja Mohan Choudhu















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