Calcutta High Court (Appellete Side)
Epic Marketing Company Pvt. Ltd. & Anr vs The State Of West Bengal & Ors on 5 July, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
Sl. 57
05.07.2013.
S.d. W.P. No. 18657(W) of 2013
Epic Marketing Company Pvt. Ltd. & Anr.
-versus-
The State of West Bengal & Ors.
Mr. L. K. Chatterjee
Mr. Kamalendu Ghose
Mr. Surajit Mukhopadhaya
Mr. Nirmalya Chatterjee
...for the petitioners.
Mr. Chandra Sekhar Bag
....for the respondent nos. 2 & 3.
There does no appear to be any basis to the petitioners' grievance that the respondent authorities have acted arbitrarily in taking steps for the removal of the petitioners from an industrial plot allotted to the petitioner company in the year 2005 upon which no manufacturing activity has commenced till the middle of 2013.
It is evident that an eviction order was passed on October 3, 2011 which remains unchallenged and the recent steps, including the notice to the Officer-in-Charge, Entally Police Station issued on February 13, 2013, have only been issued in furtherance of the order of eviction appearing as Annexure P-3 to the petition. 2 There is no justification why an industrial plot should be kept fallow and unused for a long time and there does not appear to be any irregularity in the decision-making process leading up to the steps taken for the physical removal of the petitioners from the plot.
The respondents say that the Petitioner Company has now been duly evicted from the plot in question.
In such view of the matter, WP No. 18657(W) of 2013 is dismissed.
This order will not prevent the petitioners from seeking any refund, if the petitioners are so entitled to in accordance with law, from the West Bengal Small Industries Development Corporation Limited.
There will be no order as to costs.
(Sanjib Banerjee, J.) 3