JUDGMENT :

BISWANATH RATH, J.

1. Filing this writ petition, the petitioners have assailed Anenxure-3, a notice of demand under Form No. 28 in exercise of power under Sub-Rule (3) of Rule 12-A of the O.L.R. (General) Rules, 1965 thereby making a demand of Rs.5,21,501.50 towards conversion premium for an extent of land Ac.160.462 acquired for the purpose of acqua farming by the petitioners.

2. Assailing the impugned notice, Sri Das, learned counsel appearing for the petitioners, contended that the proceeding as appears from Anenxure-3 was initiated in 1994 and the provision applied therein under Sub-Rule (3) of Rule 12-A of the O.L.R. (General) Rules, 1965 came into operation on 29.11.1997 and application of the provision to the case instituted in 1994 is bad. The second limb of submission of the learned counsel for the petitioners is that though the premium has been charged in respect of an extent of land Ac.160.462 under the premises of acquired land prior to the first date of July, 1994, but in fact, a larger portion of the acquired land was acquired by the petitioners’ farm at subsequent dates, as detailed in Annexure-2. The impugned notice in absence of consideration of the above a