AMIYA KUMAR MUKHERJI
Keshab Chandra Ghose – Appellant
Versus
State of West Bengal – Respondent
The judgment of the Court was as follows :
These 104 Rules were obtained by the petitioners who are squatters and have erected temporary huts on the metalled portions of the public street known as "Arobinda Road" at Naihati. They challenged a notice dated 31.10.75 issued by the Administrator, Naihati Municipality, by which the petitioners were asked to remove the obstructions on the two sides of the road within 30 days from the date of that notice, in default, the authorities would take action in accordance with law. It is the case of the petitioners that they were refugees and they were forced to leave East Pakistan. From Sealdah Station they shifted to Naihati. By erecting shops on the land situated by the side of Arobinda Road within Naihati Municipality, they started business. It is alleged that the petitioners have been carrying on business since last 28 years. Sometime in 1953 the local police tried to disturb their peaceful possession but at the instance of the union known as Naihati Hawhrs' Union formed in 1950, the S.D.O., Barracpore, sent a note to the Officer-in-charge, Naihati Police Station, that so long as alternative arrangements were not made, these poor hawk
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