JUDGMENT :

BIBEK CHAUDHURI, J.

1. One Birendra Chandra Das, the original writ petitioner was the owner of plot Nos.229 and 240 measuring about 3.7 acres and 2.56 acres respectively in Mouza Gourcharan within P.S Matigara by purchase. After purchasing the aforesaid two plots of land by registered deed of conveyance dated 6th February, 1957 and 19th March, 1968, the original petitioner, since deceased recorded his name in the record of rights. Subsequently, the Government of West Bengal requisitioned the said plot of land with other plots of Mouza Gourcharan in accordance with the provision contained in Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 by issuing a notice date 5th May, 1990. The above named, Birendra Chandra Das with three other persons challenged the order of requisition by filing a writ petition which was registered as CO 4463(W) of 1991. During the pendency of the writ petition it was agreed by the Siliguri Jalpaiguri Development Authority (SJDA), respondent No. 4 herein that plot No. 229 will be acquired, while plot No. 240 will be derequisitioned and released in favour of the petitioner. In view of such agreement with the petitioner and