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1979 Supreme(Cal) 93

CHITTATOSH MOOKERJEE, BANKIM CHANDRA RAY
Monoranjan Belthoria – Appellant
Versus
Deputy Commissioner of Purulia – Respondent


Advocates appeared:
Miss Nirmala Chaturvedi ...for appellants
Arun Prokas Sircar and Dipankar Chakravarti ...for respondents

Judgment :

Mookerjee, J. :

Appellants have preferred this appeal under Clause 15 of the Letters Patent against summary rejection of their writ petition by the judgment of Sabyasachi Mukerji, J. The learned Single Judge has held that the petitioners were guilty of inordinate delay. Therefore their writ petition was not entertainable.

2. We have heard Miss Chaturvedi for the appellant and Mr. Sircar for the respondents. We are not inclined to interfere with the order appealed against. We, however, make it clear that the reasons for our decision are somewhat different from those given by the learned Single Judge for rejecting in limine the writ petition. It is undisputed that on February 17, 1964 the State Government issued a Notification for bringing into force the provisions of Chapter VIII of the West Bengal Estates Acquisition Act relating to the transfer of territories with effect from March 1, 1964. Thereafter, a fresh Notification under Section 4 of the said Act was made in respect of the District of Purulia and with effect from April, 14, 1964 the interests of intermediaries including raiyats and under-raiyats vested in the State free from encumbrances. According to the determin














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