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1988 Supreme(Cal) 210

SHAMSUDDIN AHMED
Kamala Kanta Kar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. P.B. Sahu and S. Biswas for the Petitioner
Mr. Amal Kumar Das for the Respondents

JUDGMENT

This writ application is directed against appellate order passed in R.A.L. Case No. 83/81 confirming the order passed in R.A.L. Case No. 420/78 as well as appellate order in R.A. Case No. 31/85 confirming the order passed in R.A.L. Case No. 2626 of 1983.

2. The facts giving rise to this proceeding-may be briefly stated as follows :-

Respondent No.6, Smt. Indu Rekha Kar filed an application under section 4 of the West Bengal Restoration of Alienated Land Act and the said case was registered as R.A.L. Case No. 420/78. The writ petitioner appeared and filed his objection. The Special Officer dismissed the application. Against that order R.A. Appeal No. 83/81 was preferred. The appellate court disposed of the appeal on the definite finding that the application before the Special Officer u/s 4 was barred by limitation. Respondent No.6 did not take any further step against the said order passed in appeal. During the pendency of the said appeal she again filed an application u/s 4, of the said Act in respect of the same transaction. The writ petitioner appeared before the Special Officer and raised objection. Hearing the parties and after considering the evidence adduced the Specia









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