SUBHAS CHANDRA DASGUPTA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2008-1-7
HIGH COURT OF CALCUTTA
Decided on
January 31,2008
REBA DUTTA,SUNIL KRISHNA PAUL,SUKUMAR DAS,ANIL KUMAR DAS,RANJAN SARKAR,MAYA MUKHERJEE,MANJUSHREE BISWAS,A.K.MITRA,ANIL KUMAR DEY,SUBHAS CHANDRA DASGUPTA,PRAVAT KUMAR SASMAL,SASANKA SEKHAR BANERJEE,BADAL CHAKRABORTI,APOT,BISWA NARAYAN DUTTA,SISHIR KUMAR MUKHERJEE,SUMEDHA SEBAK BARUA,TARAK CHANDRA BANERJEE,BELA BANERJEE,BIJAN KUMAR MITRA,MURALIDHAR DAS,RABINDRA NARAYAN SEN,KUMARESH DEY,KARTICK CH.BANDOPADHYAY,PUSPANGSHU SAMANTA,KRISHNA MUKHERJEE,SANKAR GUHA,ASIT KUMAR MITRA,NITYANANDA BHATTACHARYA,JITENDRA NATH CHAKRABORTI,RAMA LAHIRI,SABITA SEN SHARMA,MAHADEB CH.PAUL,APARNA PAUL,KANAI LAL DEY,SUSANTA KR.GHOSH,SUNIL KR.MITRA,SARBESWAR GOSWAMI,GURUPRASAD DUTTA,SATKARI BHATTACHARYA,DIPAK KR.SENGUPTA,SUNITANGSHU DAS,NIL RANJAN BOSE ROY CHOWDHURY,DULAL CH.DASGUPTA,AJOY KUMAR ROYCHOWDHURY,RANJIT KUMAR DAS,KANAK KANTI DUTTA,PANKAJ KUMAR BANERJEE,SANTI RANJAN ROYCHOWDHURY,CHITRA BHATTACHARYA,BIMALENDU CHAKRABORTI,BHABANI DASGUPTA,NISANTA KR.GHOSH,GAUTAM BHANDARI,ARUN KUMAR DASGUPTA,ADINATH DEY,CHANDIDAS ROY,NITYA RANJAN DEY,CHANDANA MAITRA,KALYANI DUTTA,BHARAT KUMAR DAS,ATREYEE SINHA,SHYAMAL KUMAR MONDAL,MADAN GOPAL KUNDU,TULSIDAS CHAKRABORTI,BHABANI PRASAD KUNDU,CHANDI BERA ALIAS CHANDIDAS ROY,BASUDEV BASU,MADHURI SARKAR,KALIRAM SOREN,PRANAY KUMAR DUTTA,TARAK NATH BASU MAZUMDAR,ASHOK KANTI MAJUMDAR,SANKAR RANJAN DAS,AMAL KANTI BARUA,ALOKE CH.CHAKRABORTI ALIAS ALOKE KR.CHAKRABORTI,MANIK LAL BANERJEE,SUJIT KUMAR BOSE,KEDARNATH GHOSH,LILY MUKHERJEE,SARADENDU CHANDA,PRIYA GOPAL GOSWAMI,GOUR MOHAN BERA,TAPAN CH.GHOSH,MANORANJAN BERA,TULSI CHARAN GHOSH,NIRMAL KUMAR CHAKRABORTI,ILA GUHA ROY,SUNILANGSHU DAS,MOHANLAL CHAKRABORTI,APARAJITA CHAKRABORTY,LEELA SARKAR,BHABANI PROSAD BHATTACHARJEE,ADHIR KR.ROY,SHYAMAL CH.TALAPATRA,DHARMA BHATTACHARJEE,SANJOY CHATTERJEE,RAMPRASAD MUKHERJEE,KUMAR KAMALESH NARAYAN BANERJEE
Appellant
VERSUS
STATE OF WEST BENGAL
Respondents
JUDGEMENT
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(1.) ALL these matters were assigned before this Bench for early hearing of the matters in question. The writ petitioners/appellants have challenged the action taken by the State of West Bengal against the notices of eviction issued under Section 11 of the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 [hereinafter referred to as the Act of 1984]. When the matter came up before us earlier on 10th December, 2007, the Learned Advocate appearing in support of the appeal as well as on behalf of the appellant prayed for Leave to file a short supplementary affidavit to all these matters before this bench. Accordingly, such leave was granted by us.
(2.) ACCORDING to Mr. Samanta, Learned Advocate appearing on behalf of the writ petitioners/appellants submitted that the said affidavit will govern all the points pending before this Court.
(3.) ON such prayer being granted by us affidavit has been filed by one Subhas Chandra Dasgupta on 13th December, 2007. Before the said matter was taken up by us, since all the matters were specially assigned before us by the Hon'ble Chief Justice, an application was filed by the said Subhas Chandra Dasgupta praying for release of all the said matters in question relating to eviction under the provisions of the Act of 1984. On the ground that one matter came up before one of us, Pinaki Chandra Ghose, the question was decided in the said matter which is being APOT no. 251 of 2000 (Sunilangshu Das vs. State of West Bengal and Ors. ). Since the said order was passed by one of us, we have already released the said appeal from our Cause List and we intend to take up all the matters since it was specially assigned before us and furthermore we feel that for the said reason and/or the ground, the Court should not release any matter from the Cause List.;
(2.) ACCORDING to Mr. Samanta, Learned Advocate appearing on behalf of the writ petitioners/appellants submitted that the said affidavit will govern all the points pending before this Court.
(3.) ON such prayer being granted by us affidavit has been filed by one Subhas Chandra Dasgupta on 13th December, 2007. Before the said matter was taken up by us, since all the matters were specially assigned before us by the Hon'ble Chief Justice, an application was filed by the said Subhas Chandra Dasgupta praying for release of all the said matters in question relating to eviction under the provisions of the Act of 1984. On the ground that one matter came up before one of us, Pinaki Chandra Ghose, the question was decided in the said matter which is being APOT no. 251 of 2000 (Sunilangshu Das vs. State of West Bengal and Ors. ). Since the said order was passed by one of us, we have already released the said appeal from our Cause List and we intend to take up all the matters since it was specially assigned before us and furthermore we feel that for the said reason and/or the ground, the Court should not release any matter from the Cause List.;
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