Law: East Bengal State Acquisition and Tenancy Act, 1950

Section: S. 20 (2)

East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 20 (2) (a) (b)-"Kutchery" - Retainable khas land unless Government expressly decides to acquire same and publishes such ca decision -Khamarbari and garden-Retainable khas land within meaning of S. 20 (2) (a) & (b). JUDGMENT MURSHED, J.-The petitioner, Gokul Chandra Roy, is an Ex-Zemindar and Rent-Receiver in the Province of East Pakistan. He has stated that by a Notification published in April 1956, all the rent-receiving interests of the petitioner in. his Zemindari, except the retainable khas lands, including a homestead, to the extent of 100 bighas allowable under the relevant law, stood acquired . by the Provincial Government. The petitioner further alleges that he has a Khamarbari and a garden situated at Gola kandail within Mouza No. 148 under P. S. Rupganj in the district of Dacca. The said Khamarbari was used as quarters for the petitioner's officers and labourers and also as a garden house in which the petitioner had all along kept his furniture and various other materials. In September 1961, it was proposed that the said Khamarbari would be requisitioned by the respondents for the purpose of setting up a Government Seed Store. Thereupon the petitioner submitted a representation to the authorities against such requisition or acquisition and the representation has been marked as Annexure A to the further affidavit filed on behalf of the petitioner. In answer to the same the petitioner received a reply from the Additional Deputy Commissioner, Dacca, to the effect that the site selected for construction of a Seed Store in the aforesaid plot had been abandoned. Sometime about the 2nd of October 1961, the respondents took forcible possession of the said property and illegally made over the same to Golakandail Union, namely, respondent No. 3. A copy of the order by which such possession was made over to respondent No. 3 has also been appended to the petition and marked as Annexure B, which is a letter addressed by the Sub-Divisional Officer, Narayanganj, to respondent No. 3, in which the said respondent was allowed to take over possession of the building and land of…