- (1.) The writ petitioners have filed this application inter alia praying for :- (a) A declaration that the action of the respondent No. 1 is oppressive, arbitrary, unconstitutional and unexceptionable for which exemplary damages should be imposed upon him;(b) A writ in the nature of Mandamus commanding the respondents and each of them to cancel, recall, rescind and/or withdraw the allotment of plots in Salt Lake City made by and on behalf of the Hon'ble Chief Minister of West Bengal, the respondent No. 1 herein;(c) A writ in the nature of certiorari calling upon the respondents to produce before this Hon'ble Court all records relating to allotment of plots in Salt Lake city by and on behalf of the Hon'ble Minister so that conscionable justice may be done by quashing the same and also for other ancillary reliefs.
(2.) During the hearing of this application the respondents were directed by this Court to produce the records in respect of such allotment in favour of the person/persons allotted by the Hon'ble Chief Minister from his quota. Accordingly, the respondents produced inter alia the following records :- (A) Cabinet Memo dated 10th August, 1977;(B) Cabinet Decision dated 13th August, 1977 approving the 1977 Cabinet Memo.(C) Cabinet Memo approved by the Cabinet in its meeting held on 5th November, 1979;(D) Cabinet Memo dated August 5, 1981 regarding Special Allotment of plots in Salt Lake City;(E) Decision of Cabinet held on 12th August, 1981 and notification one 1663 AR dated 7th August, 1981 issued by order of the Governor, allocating the business of the Government previously allotted to Shri Jyoti Basu, the Hon'ble Chief Minister to Shri Krishna Pada Ghosh, Minister-in-charge, Department of Labour;(F) The reports published in the newspaper and the newspaper reports published on 12th June, 1987 indicating discretionary quota of respondent No. 1, being the Chief Minister for Special allotment in Salt Lake City and further the report published in the Statesman, Telegraph and Anandabazar Patrika and further more a list containing names and particulars of allotments made by the respondent No. 1 after 12th June, 1987.
(3.) The writ application has been filed by the petitioner challenging the distribution of plots of land in Salt Lake City by the Chief Minister of West Bengal from his own quota and discretion.;