State Of West Bengal & Anr vs Achinta Roy @ Achinto Kumar
2022 Latest Caselaw 1340 Cal

Dl.   March 21,              S.A. 60 of 2021
13.    2022

                             State of West Bengal & anr.
                                 Vs,
                             Achinta Roy @ Achinto Kumar
                             Roy Ghatak Choudhury & ors.

                              This appeal has come up for admission. The appellants

                  are not represented. However, on consideration of the materials on

                  record and the judgments of both the courts below, we direct that

                  this appeal will be heard on the following substantial questions of

                  law :-

                              I.     Whether the learned judge in the lower
                                     appellate court, substantially, erred in law in
                                     overlooking the fact that the original owner of
                                     the property in suit was Azizur Rahaman Khan
                                     and that by initiating the proceeding under the
                                     West Bengal Premises Requisition and Control
                                     (Temporary      Provision)     Act,    1947,      the
                                     appellants had requisitioned the property in
                                     suit and taken possession thereof on February
                                     27, 1950 and that in terms of Section 4 of the
                                     West   Bengal    Public      Land     (Eviction    of
                                     Unauthorized Occupants) Act, 1962, whether
                                     the appellants had any authority to invoke
                                     eviction of unauthorized occupants therefrom?
                              II.    Whether the learned judge in the lower
                                     appellate court, substantially, erred in law in
                                     failing to appreciate that the title suit at the
                                     instance of the plaintiffs/respondents is not

maintainable in view of Section 8A of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 as the plaintiffs' main grievance was against the notice dated May 10, 1999 issued under Section 3 of the said Act?

III. In view of the fact that the

plaintiffs/respondents failed to establish their right in proceeding initiated before the SDM/sdo(L) dated May 2, 2000 followed by an appeal being No. 01 of 2000 before the District Magistrate at Murshidabad, whether the finding of the learned judge in the lower appellate court was perverse?

IV. When the orders passed in the aforesaid proceeding, in absence of any appeal being preferred before the Divisional Commissioner as provided under Section 7 of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962, are not justifiable, whether the learned judge in the court below, substantially, erred in law in allowing the plaintiffs/respondents to continue with the suit?

Call for the records; issue usual notices.

dns ( Ajoy Kumar Mukherjee, J. ) ( Soumen Sen, J. )