JUDGMENT In this writ petition the petitioner has prayed for issuance of a writ of mandamus seeking a mandate on the concerned respondents to grant conversion certificate in favour of the petitioners. 2. The petitioners are stated to be the transferee purchasers in respect of the plot in question which, in terms of the record of rights, has been described as per the nature of the land as ‘Doba’. The municipal authorities seemed to be sitting right over the matter to give the sanction for construction on the said land in question in view of such endorsement appearing on the nature of the land in the record of rights. The record of rights appears to be staring on the face of the municipal authorities to grant permission and as a result of the same the petitioners were forced to approach this Court for seeking such reliefs, inter, alia, amongst others for conversion of land in question so far as its nature is concerned. This Court is inhibited to pass stereotyped orders and, as such, it has made its exercise on a broad-based perspective as to whether the same is capable of being granted in the light of the provision of the West Bengal Lend Reforms Act and there was all effect on the surroundings circumstances including photography and ecology. This Court while considering the same has taken assistances of amicus curiae and this Court has appointed Mr. Santimoy Panda, learned Advocate as amicus curiae and the assistance rendered by him is appreciated by this Court in order to arrive at its decision. This Court has also heard at length and has taken note of the submissions of the respective Advocates appearing for the parties including those of the petitioners and of the State. 3. It is necessary to refer to the provisions of the rights of raiyat in respect of the land as covered by Chapter-II of the West Bengal Land Reforms Act and shorn of detailed reference attention may be focused on Section 4B of the said Act. The said section provides that every raiyat holding any land shall maintain and present such land in such manner so that its area is not diminished or its character is not charged or the land is not converted for any purpose other than the purpose for which it was settled. The said section provides that every raiyat holding any land shall maintain and present such land in such manner so that its area is not diminished or its character is not charged or the land is not converted for any purpose other than the purpose for which it was settled. From the record of rights it appears that the nature of land is described as 'Doba' and in terms of Section 4B of the Act it should not ordinarily be changed excepting under the situation as expanded by two provisos super-added to said Section 4B. The first proviso makes provision that raiyat may plant and grow trees on any land and in terms of the second proviso it is provided that without prejudice to the provisions of Chapter-IIB of the Act the said section shall not apply to the diminution in area of the land or the change of character of any land or conversion of the same for any purpose other than the purpose for which it was settled unless the same was made in accordance with the provisions of any law for the time being in force. 4. This Court is not unmindful of the provisions of incorporation of Section 4C in the body of the Act which authorises the proper authority to grant permission for change of area, character or use of land. This Court does not proposes to deal with other relevant section which contemplates penalties or post-facto validation if the same is done without obtaining prior permissions. Therefore, the second proviso as super-added to Section 4B of the Act is backed up by existence of the provisions of Section 4C in the Act. Then fore, it is not inconceivable that such change of nature and character is not possible and it may be allowed to be done. 5. This Court is made to borne of the question in the context of changing scenario that Doba may exists in an area where may be storage of water during the rainy season and this may serve the purpose for a residuary period and it may be dried up during the summer season. 5. This Court is made to borne of the question in the context of changing scenario that Doba may exists in an area where may be storage of water during the rainy season and this may serve the purpose for a residuary period and it may be dried up during the summer season. Therefore, the Doba even if it be there it is required to be maintainable properly as otherwise there may be erosion or filling up of the Doba by accumulation of silt with natural process and in the event of non-maintainable it may create health hazards including the breeding ground of mosquitoes and other symptoms of aberrations exposing risk hazards. Therefore, a straight jacket solution is difficult to be arrived at and this Court in the garb of interpretation cannot legislate de novo. Therefore, this Court feels that such conversion permission should be given keeping in view certain factors and each factor should be taken care of as has been laid down in the Rule 164 of the West Bengal Land & Land Reforms Manual and the Collector while disposing of such application for conversion should be guided mainly by provisions of aforesaid Rule 164 and also he can take inspiration from the provisions of Rules 161 and 165 of the said Manual. 6. It is pertinent to mention that the Supreme Court in the case of (1) Sachinandan Pandey v. State of West Bengal reported in AIR 1987 SC 1109 , held that the particular provisions of the West Bengal Land Management Manual can have the analogous effect of statutory forces and the same may be looked upon as guideline. 7. The learned Advocate for the petitioners has referred a Division Bench Judgment of this Court in the case of (2) Calcutta Municipal Corporation & Ors. v. Ganesh Chandra Narkar reported in AIR 1995 Cal 1 , but the facts referred to in the said judgment appeared to be distinguishable as the lend in question as mentioned in the cited judgment is a low sail land where are most of ditches and none of them are natural tank. v. Ganesh Chandra Narkar reported in AIR 1995 Cal 1 , but the facts referred to in the said judgment appeared to be distinguishable as the lend in question as mentioned in the cited judgment is a low sail land where are most of ditches and none of them are natural tank. Here the Doba is a natural characteristic of a land and, as such, while considering the same the appropriate authorities should not only follow the said guideline as in a residential area even certain powers have been bestowed under the West Bengal Town and Country (Planning & Development) Act and the same is not referred to in detail but that confers certain power under a different tank on this date. 8. Therefore, this Court hereby directs and authorizes the Collector, 24-Parganas (South), Alipore, to consider the application for conversion terms of Section 4B of the West Bengal Land Reforms Act, 1955 and in making disposal of the said application the said authority is directed to be guided by provisions of Rules 164 and 161 of the West Bengal Land & Land Reforms Manual and in terms of which the authority will be required to pass a reasoned order in accordance with law after giving due opportunity of hearing to all the parties interested within a period of six weeks from the date of communication of this order. The petitioners will be required to serve the said Collector, 24-Parganas (South), with an additional copy of the writ petition within a week from date. 9. The writ petitioners are directed to deposit special messenger cost within this week so that this order may be sent to the Collector, 24 Parganas (South), who, in the light of this judgment, can pass appropriate orders. 10. Subject to above the writ petition standi disposed of. There will be no order as to costs. Let the application for urgent certified xerox copy be entertained after the order is transmitted by special messenger.