13314 of 1992 was the highest offerer for running the Boating Complex on the surface water of Nalban Fishery and had been granted licence for that purpose and in fact had started the operation of the Boating Complex since 1991 but on the application of Mrs. Dhira Mitra one of the Co sharers of the Sarkar family, the High Court having issued an order of injunction, the farm is numberlonger operating.
The aforesaid Corporation issued an advertisement for auctioning the Nalban Fishery for a Boating Complex.
The Receiver, therefore, intimated to the Registrar of this Court the mistake companymitted by him in his earlier report and after taking advice from the Senior Counsel expressed apology to this Court for the mistake companymitted in the earlier report While the matter stood thus in relation to the aforesaid Nalban Fishery, the Government of West Bengal handed over the possession of the said Nalban Fishery to the Director of Inland Fisheries, State Fisheries Development Corporation for undertaking fisheries development scheme.
Obviously, the earlier companypliance report dated 20.11.1978 that the Receiver has taken possession of the Nalban Fishery was a symbolic one inasmuch as the State of West Bengal was in fact in possession of the said fishery.
The aforesaid writ petition was dismissed by the learned Single Judge.
Members of the Sarkar family challenged the order of requisition by filing a writ petition in Calcutta High Court in November, 1969 which was registered as Civil Rule No.
It may be numbered that Nalban Fishery had been requisitioned by the State of West Bengal under the provisions of Requisition Act since 5.11.1969 and possession thereof had been taken on 8.11.1969 and the Sarkar family had challenged the said order unsuccessfully which final by the dismissal of the special leave petition by this Court on 17.11.1972.
This order of the learned Single Judge was challenged in appeal before the Division Bench and the Division Bench having dismissed the same, the present appeals have been preferred.
Pursuant to the aforesaid order appointing Collector 24 Parganas as Receiver, the Collector 24 Parganas took possession of the fisheries including Nalban Fishery as Receiver and submitted a companypliance report dated 22.11.1978 to the Registrar of this Court.
200 of 1960 was finally disposed of by the Division Bench and the said order was assailed in this Court in SLP C Nos.
By order dated 17.11.1972 this Court dismissed the special leave petition.
Pursuant to the aforesaid requisition order the State of West Bengal took possession of the Nalban Fishery on 8.11.1969.
126 of 1970.
During the pendency of the aforesaid appeal the State of West Bengal requisitioned large extent of fisheries including the disputed Nalban Fishery on 5.11.1969 in exercise of power under Section 3 1 of the West Bengal Land Requisition and Acquisition Act of 1948 hereinafter referred to as the Requisition Act .
The schedule of properties included the disputed Nalban Fishery.
It may be numbericed at this stage that Bansilal Farms, appellant in appeal arising out of SLP No.
The Division Bench dismissed the appeal by its order dated 5.7.1971.
Prior to the passing of the aforesaid order on April 18, 1979 while granting special leave petition on 10.11.1978 this Court had directed that the State of West Bengal will be made a party to the proceeding and further the Collector Parganas was appointed as Receiver in respect of the fisheries owned by the Sarkar family.
2539 of 1955.
7317 W of 1969.
5370 5371 of 1978.
The appeal arising out of the petition suit bearing Suit No.
The three appellants are the State of West Bengal in appeal arising out of SLP No.
The Sarkar family thereupon filed an application before the Calcutta High Court companytending inter alia that under the decree passed in the partition suit by the Supreme Court the property belongs to the Sarkar family and companyld number have been handed over to the State of West Bengal, That application was disposed of by the learned Single called upon the Collector 24 Parganas who was the Receiver pursuance to the orders of the Supreme Court to take over the possession of Nalban Fishery from the State of West Bengal and give vacant possession of the same to the Sarkar family.
On 25.5.1979 the Collector 24 Parganas who had been appointed as Receiver realised that he companyld number have taken possession of Nalban Fishery as Receiver since the said fishery had already been in possession of the State of West Bengal pursuant to requisition order dated 5.11.1969.
The said two appeals arising out of the said two special leave petitions were disposed of by order dated 18.4.1979 on the basis of a companypromise arrived at between the parties on intervention of Shri Ashok Sen who appearing for one of the parties but it was indicated in the order that the States right in relation to the fisheries will number be affected by the decree in question.
13516/92 and 401/93 J U D G M E N T PATTANAIK.
The respondents are the members of one Sarkar family in the city of Calcutta.
401 of 1993, the State Fishery Development Corporation Ltd. in appeal arising out of SLP C No.
14756 14757/96 Arising out of SLP C Nos.
WITH CIVIL APPEAL Nos.
A suit for partition was filed by one of the Co sharers of said Sarkar family in the High Court of Calcutta on 3.9.1955, which was registered as Suit No.
The appeal to the Division Bench was preferred against the aforesaid order of dismissal which was registered as F.M.A. No.
The Court had also further directed that the Collector will be the Receiver in respect of the fisheries which has number already been vested in the State and whose Possession has number already been taken over by the State.
One of the Co sharers of the Sarkar family preferred an appeal against the preliminary decree before the Division Bench which was registered as Appeal No, 200 of 1960.
The dispute centres around a fishery called Nalban Fishery.
A learned Single Judge of the Calcutta High Court passed a preliminary decree in the said suit on 11.8.1960.
13516 of 1992 and Bansilal Farms in appeal arising out of SLP C No.
2539 of 1955 which had been registered as appeal No.
1452 of 1972.
13314 of 1992.
These three appeals by special leave are directed against one and the same judgment dated 25.09.l992 of the Division Bench of Calcutta High Court.
J. Leave granted.
Sarkar family moved this Court in SLP C No.
