- (1.) By this application (G.A. No. 2553 of 1998) Upawan Horticulature Resort, being respondent No. 19 in Writ Petition No. 1806 of 1997, has prayed that its name be struck off as a party-respondent and for certain other reliefs on the ground that the writ petition has been filed as Public Interest Litigation in abuse of the process of the Court.
(2.) The writ petition was brought by Biplabi Sangha through its General Secretary Abdur Rob of Madrasa Thes, Mograhat, Usti as Public Interest Litigation alleging that the Health Resorts, impleaded as respondent Nos. 18 to 25, have been constructed by encroaching valuable paddy lands of the locality at Diamond Harbour not for hotel business but to do brothel business and are catering to a sizable number of Mafia Gangs who can use these places as protective shells to cover or guard their illegal business. It is also alleged that the petitioner and some others made various representations to various authorities of the Administration to bring to an end to the sorrowful state of mushrooming of these Health Resorts but they have failed to take any action. Further, in paragraph 13 of the petition is alleged that respondent Nos. 18 to 25 are running their business illegally and without taking any permission from the appropriate Authority and the Authorities did not take care with regard to conversion of paddy land to non-agricultural land, which is their bounden duty under the law. A writ of Mandamus is sought commanding the respondent authorities to stop the functioning of the Resorts or to put reasonable restrictions on them from carrying on their illegal business and, for penalising them.
(3.) Respondent No. 19, Upwan Horticultural (Resort) Pvt. Ltd., has alleged in its application that it has taken a project for setting up a nature resort which will be the first of its kind in Eastern India and would satisfy the urban interest for clean air, water and natural setting. According to the respondent-petitioner, the features of the said resort include Water Games, Sports Park, Lake for Boating, An International Club and facility for all indoor sports. It is further alleged that there will be farm land for farm- house, arrangement for social and cultural programmes and also there will be a centre, for herbal therapy and Yoga Centre. Further, it is alleged that eminent personalities, who have distinguished themselves in their respective fields, are associated with the Resort and the petition has been brought against the respondents for mala fide reason since at the relevant time the petitioner Abdur Rob approached respondent No. 19 claiming himself to be the owner of Raja Brickfield, whereupon, orders were placed with him but for the suppliers made by him he started claiming prices for the bricks and other construction materials at much higher rates than the prevailing market rates resulting in dispute with respect to price as well as the quality of the materials supplied and then the writ petitioner Abdur Rob held out that respondent No. 19 would have to accept the supplies at the prices asked for by him and that he would not allow respondent No. 19 to purchase the materials from any one else in the market. It is further alleged that when it refused to succumb to such undue pressure or coercion from the petitioner Abdur Rob and stopped placing further orders with him for bricks and others construction materials, the said Abdur Rob threatened that he would see the construction work to stop at its threshold. Affidavit-in-reply has not been filed by the petitioner and the learned counsel for the petitioner submits that he intimated his client that reply was required to be filed, but his client did not approach him for the purpose.;