1. The petitioners 1 and 2 and their deceased elder brother, Chintaharan Mukherjee, are alleged to be the owners of a brick-field situated at Village Krishnanagar, P.S. Maheshtala, Dist. 24-Parganas. In the record of rights the lands comprised in the said brick field were classified as ‘Itkhola' and the status of the tenants has been recorded as 'Dakhalkars'. According to the petitioners the said brick field is situated by the side of the river Hooghly and bricks are manufactured solely with the silt deposited on their lands by the water of the said adjoining river. The petitioners claim that they do not excavate or dig or use any earth or clay for the manufacture of bricks.

2. The Additional District Magistrate, Alipore, the respondent No.2 issued notices upon the petitioners dated 6th April, 1971 to show cause why actions should not be taken against them under sub-section (2B) of Section 4 of the West Bengal Land Reforms Act, 1955 for manufacturing bricks for the purpose of business without the previous permission in writing under sub-section (2A) of Section 4 of the West Bengal Land Reforms Act, 1955 (vide Annexure 'A' series to the writ petition). The petitioners had sho