Calcutta High Court (Appellete Side)
Anr vs The State Of West Bengal & Ors on 6 June, 2019
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
1
06.06.2019
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Item No 08 Court No.38 SN/AM SB W.P. No. 9713 (W) of 2019 In re : M/S. Prayag Infotech Hi-Rise Limited & Anr.
- Versus -
The State of West Bengal & Ors.
Mr. Saptangsu Basu, Sr. Adv., Mr. Gopal Chandra Halder, Mr. Manish Chandra Roy, Mr. Rajib Kumar Jha, Mr. Vivekananda Bose, Mr. Subhrangsu Gongopadhyay, Ms. Tanuka Basu For the Petitioners Mr. Jahar Lal De, Mr. Suprabhat Bhattacharya For the State Respondents The instant writ petition has been filed praying for the following reliefs :
"(a) Leave may be granted under Rule 26 relating to Applications under Article 226 of the Constitution of India as framed by this Hon'ble Court;
(b) A Writ of and/or in the nature of Mandamus do issue directing the respondents authorities specifically the respondent No.5 to forthwith rescind, recall, withdraw and/or set aside the Memo being No.3781/E-PK/IND/119/12, dated 30th May, 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition forthwith;
(c) A Writ of and/or in the nature of Mandamus do issue directing the respondent No.5 and/or his men, agents and/or subordinates not to give effect and/or further effect to Memo being No.3781/E-PK/IND/119/12, dated 30th May, 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition;
(d) A Writ of and/or in the nature of Prohibition prohibiting the respondent authorities from taking any coercive action against the respondent authorities pursuance to the Memo being No.3781/E-PK/IND/119/12, dated 30th May, 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition;
(e) A Writ of and/or in the nature of Certiorari do issue directing the respondent No.5 and/or his men, agents and/or subordinates to transmit all records pertaining to the instant case specially which is forming part of the arbitrary decision in issuing the Memo being No.3781/E-PK/IND/119/12, dated 30th May, 2 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition and to certify the same and on being so certified quash the same so that conscionable justice may be rendered;
(f) Rule NISI in terms of prayers (a) to (e) above;
(g) An Order of stay do issue staying operation of Memo being No.3781/E-
PK/IND/119/12, dated 30th May, 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition till disposal of this Writ Petition;
(h) An order do issue directing the respondent authorities specifically the respondent no.5 and/or his men, agents and/or subordinates not to give effect and/or further effect to Memo being No.3781/E-PK/IND/119/12, dated 30th May, 2019 issued by the respondent No.5 being Annexure "P/26" to this Writ Petition till disposal of this writ petition;
(i) Ad interim order in terms of prayers (g) and (h) above;
(j) To pass such other or further order or orders as to Your Lordships may deem fit and proper"
The memo dated 30th May, 2019 is a notice under Section 57 of the West Bengal Land Reforms Act, 1995 (in short, the said Act of 1955) issued by the Additional District Magistrate and District Land and Land Reforms Officer, Paschim Medinipur. In the said notice, the authorities have directed the petitioners to vacate the lands in question within 10th June, 2019. The said authority has also fixed the date of hearing on June 7, 2019 at 3.00 p.m. Mr. De, learned advocate appearing on behalf of the State respondents submits that the instant writ petition has been filed challenging the notice under Section 57 of the said Act of 1955 and this Court cannot entertain the instant writ petition as the memo has been issued by an authority under a specified Act.
Mr. Basu, learned senior advocate appearing on behalf of the petitioners submits that the subject matter of the instant writ petition has to be taken up by the Bench taking up Ponzi Scheme matters. Mr. Basu further submits that some of the matters relating to the writ petitioners are also pending before the Division Bench taking up Ponzi Scheme matters.3
Mr. Basu prays that this matter be relegated to the bench taking up Ponzi Scheme matters.
Mr. De further submits that the instant writ petition also cannot be entertained by the Division Bench taking up Ponzi Scheme matters as the dispute in the instant writ petition does not relate to Ponzi Scheme..
In view of the submissions made by the learned advocates for the respective parties, the instant writ petition is released from my list with liberty to the petitioners to approach the regular Bench having determination to take up the matter, if so advised.
(Hiranmay Bhattacharyya, J.)