JAYANTA KUMAR BANERJEE Vs. UCO BANK
LAWS(CAL)-2004-4-40
HIGH COURT OF CALCUTTA
Decided on April 28,2004

JAYANTA KUMAR BANERJEE Appellant
VERSUS
UCO BANK Respondents

JUDGEMENT

- (1.) Should the Writ Court shrink to the suggestion that the relief sought for by the petitioner is covered with a tapestry of civil nature? Or should it shy away from the suggestion that there exists a viable and efficacious alternate remedy?
(2.) Either of those, if true, shutters have to be rolled down on the face of the petitioner who has claimed the following relief: "A writ of and/or in the nature of Mandamus commanding the respondent Nos. 1 to 6 to cancel, rescind and/or withdraw the communication dated 9.10.92, being Annexure 'K' herein, and to take immediate steps for fixation of rent payable in respect of the premises in question with effect from the expiry of the original lease deed i.e. from 30th September, 1987 and then to enhance the same at an interval of every 5 years in terms of the directives and/or guidelines issued by the respondent No. 8 as mentioned in Annexure 'A' herein; keeping in mind the prevailing market rate."
(3.) Prior to slamming the heavy Doors of Justice before the petitioner it is necessary to look into the core area of the matter which ails the petitioner and has tormented him to rush to this Court in its writ jurisdiction and find out as to why this Court in its said jurisdiction cannot even apply a healing touch to the suffering of the petitioner.;


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