Sema, J. - (1.) "My son, do not forget my law, but let your heart keep my commands. Let not justice and truth forsake you, bind them around your neck, write them on the tablet of your heart."
(2.) WRIT Petition No. 216/1999 has been filed by a public spirited person in the form of Public Interest Litigation (PIL) inter-alia challenging the allotment of Government land in Salt Lake City, Calcutta from the discretionary quota of the Chief Minister. A writ in the nature of mandamus was specifically prayed for quashing of the allotments of Government Land, stated to be made unconstitutionally, illegally, arbitrarily, whimsically, capriciously with malafide motive and in clandestine manner and/or in colourable and arrogant exercise of power, being violative of Article 14 of the Con In the original petition, the allottees of the land were not arrayed as party respondents. ents. I.A. No.2 was filed for impleadment of respondent Nos. 8 to 38. However, by our order dated 13.11.2003 we allowed only the impleadment of respondent No. 24 Justice B.P. Banerjee as party respondent. The order reads: "Mr. A.K. Ganguli, learned senior counsel started his arguments at 10.35 A.M. and concluded at 11.15 A.M. Application to join Justice B.P. Banerjee (retired) as a party respondent to the Writ Petition is allowed. Reply, if any, be filed within six weeks from the date of service. I.A.No. 2 stands disposed of with no further or other order. The High Court of Calcutta to forward to this Court papers and proceedings in CO No. 7553 (W) of 1986 titled Bidhannagar (Salt Lake) Welfare Association and Ors. Vs. State of West Bengal and Others including all order sheets. The High Court to also inform this Court whether CO No. 15381 of 1984 has been disposed of and if not at what stage it is. The Government to produce all relevant files pertaining to the allotment of a plot to Justice B.P. Banerjee (retired) and to state on affidavit whether there is any policy decision regarding allotment of plots to Judges, if so, to produce that policy decision. List these matters after eight weeks" Pursuant to the aforesaid order, respondent No. 24 filed two counter affidavits first affidavit on 16th January, 2004 and supplementary affidavit on 16th April, 2004, which we shall be dealing with at an appropriate time.
(3.) THE documents produced and the order passed thereunder would clearly establish an unholy nexus between duty and interest. C.O. No. 7553 (W) of 1986 titled Bidhannagar (Salt Lake) Welfare Association & Ors. Vs. State of West Bengal and Ors. was listed before Justice B.P. Banerjee on 20.6.1986, when he passed the following order: "Let the affidavit in opposition be filed within two weeks from date; reply thereto, if any one week thereafter. Let this matter come up for hearing four weeks hence. Until for the orders there will be an order to the extent that if any allotment is made on the basis of the deviation made from the Master Plan the same shall abide by the result of the application." ;