Calcutta High Court (Appellete Side)
Nilendra Narayan Ray vs State Of West Bengal & Ors on 5 August, 2016
Author: Arijit Banerjee
Bench: Arijit Banerjee
1 05.08.2016
09. as W. P. 14362 (W) of 2016 Nilendra Narayan Ray Versus State of West Bengal & Ors.
Mr. Arunangshu Chakraborty, Mr. Nabi Chowdhury, Mr. Swapan Chakraborty.
...for the Petitioner.
Mr. Jayanta Kr. Mitra, Ld. Advocate General, Mr. L. K. Gupta, Mr. Amitesh Banerjee, Mr. Tarak Karan.
...for the State.
The subject matter of this writ petition is a notification dated 22.6.2012. The very same notification was the subject matter in W.P.16241 (W) of 2012 and W.P.21374 (W) of 2012. Both the matters are pending. Again this third writ petition is filed contending that Court has to stay the operation of the notification dated 22.6.2012. If no interim order was issued granting stay as sought for in the earlier public interest litigation, we fail to understand what new cause of action has arisen for issuing such stay now after lapse of four years. If there is already any interim order issued in the earlier public interest litigation which is pending till date and if any directions are violated, it cannot be by way of another public interest litigation which could be challenged.
We fail to understand how one of the reliefs of the present writ petitioner to set aside a will executed by third party be granted. There could be positive 2 directions against the State either directing the Government to cancel all the transactions pertaining to the lease of 999 years or the Court can quash the notification dated 22.6.2012. Since such prayer is already sought for and the writ petition is pending, we do not find any ground to entertain this third writ petition.
If any transfer or conveyance is carried on during the pendency of the writ petition, they will be automatically hit by lis pendency and they would abide by the result of the writ petition.
Accordingly, the writ petition is dismissed.
(Manjula Chellur, Chief, Justice) ( Arijit Banerjee, J.)