- (1.) Heard the learned Advocates appearing for the parties.
(2.) In this writ application the writ petitioners have prayed the following reliefs:- "(A). Issue a Writ of or in the nature of mandamus commanding the respondents to cancel and/or quash and/or recall the purported declaration being Annexure 'G' to this petition and further commanding the respondents, their respective men, agents and subordinates not to give any effect or further effect to the impugned declaration being Annexure 'G to this petition and further restraining the respondents, their respective men, agents and subordinates from changing the nature and character of the suit property as well as transferring and/ or encumbering the said property in any way or manner. (B). Issue a Writ of or in the nature of certiorari commanding the respondents to certify and transmit the records of your petitioners' case to the learned Registrar appellate side of this Hon'ble Court or cause them to be produced at the time of hearing so that the conscionable justice may be done by quashing the impugned declaration being Annexure 'G' to this petition. (C) Declare that the petitioners and/or their predecessors-in-interest are entitled to hold and enjoy the premises No. 59, Canal Circular Road, Calcutta and the respondent Nos. 1, 2 and 3 cannot acquire the entire premises No. 59, Canal Circular Road, Calcutta when the peitioners and/or their predecessors-in-interest are not having any excess of vacant land within the meaning of the said act of 1976 and are further endtled to get back vacant possession of the said premises. (D) Issue a Rule Nisi in terms of above prayer. (E). Make the Rule absolute after hearing the causes shown or if no cause is shown and/or to pass such other Writ Order or Direction as to Your Lordships may seem fit and proper. (F) Grant an interim order restraining the respondents and their respective men, agents and subordinates from giving any effect or further effect to the impugned declaration being Annexure 'G' to this petition and further restraining the respondents, their men agents and subordinates from changing the nature and character of the suit premises No. 59, Canal Circular Road, Calcutta as well as from selling and/or disposing and/or encumbering the said property till the hearing of the instant Rule. (G). Grant costs."
(3.) The writ application as affirmed on 8th July, 1993, was moved on 12th July, 1993 when Tarun Chatterjee, J. (as His Lordship then was now Hon'ble Judge of Supreme Court) passed the following order:- "This writ petition has been moved upon notice to the State and upon such notice Mrs. Chowdhury appears for the State. Writ petitioners are directed to serve copies of the private respondent Nos. 4+5 within two weeks from date and affirm an affidavit of service to that effect. Let affidavit-in-opposition to the writ petition be filed within four weeks from date, reply if any thereto three weeks thereafter. Let the matter appear as contested application eight weeks hence when the affidavit of service shall be filed by the writ petitioner. In the meantime there will be an interim order directing maintenance of status quo as of today in respect of the land involved in the writ petition until further orders. Respondents will be at liberty to apply for vacating the interim order upon notice to the writ petitioner.";