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On 11.6.1987 following order was passed:

"Let the main writ application come up for hearing on June 17, 1987 at 2 p.m. In the meantime the interim order passed on June 8, 1987 is varied to the extent that the said order will not prevent the Chief Minister to make allotment of plot in Salt Lake City Area from its own Quota according to his own discretion.

Let the plain copy of this order duly countersigned by an Officer of this Court be given to the Learned Advocates for the parties appearing."

There had been allotments of hundreds of plots under the discretionary quota for special allotment of plot both prior to 11.6.87 and subsequent thereto. However, for the reasons best known to the petitioner, the Writ petitioner has challenged only the allotments made after 11.6.87 leaving aside hundreds of allotments made under the same quota and in the same fashion prior to 11.6.87. The State Government had already given out that Judges of the High Court were recognized class of persons who were allotted plots of the Salt Lake involving the discretionary quota from 1981. This deponent accepted the allotment as other High Court and Supreme Court Judges had already been allotted plots on similar reasons all of them had applied for and accepted allotments of plots in their favour. All the Judges have constructed their houses like this deponent and are living there."

17. In the aforesaid circumstances, Mr. A.K. Ganguli, learned Senior counsel appearing for respondent No. 24, submitted that CO No. 7553(W) of 1986 which was listed for hearing before respondent No. 24 on 20.6.1986 was not concerned with the allotment of land under the discretionary quota of the Govt./ Chief Minister. It was in regard to violation of the Master Plan and therefore, there was no nexus between the order passed by the learned Judge and the allotment made in his favour.

18. We are unable to countenance with the submission of Mr. Ganguli. In the first place, the application for injunction arising out of CO No. 7553(W) of 1986 was in respect of illegal, clandestine purported allotment of plots in Salt Lake. All the more reasons, the conduct of the learned Judge becomes more murkier when on the same date he applied for a plot of land in the Salt Lake City and injuncted further allotment of any land in the Salt Lake City by an order dated 8.6.1987 but by subsequent order dated 11.6.1987 allowed the Chief Minister to make allotment of plot in Salt Lake City Area from its own Quota according to his own discretion.

20. It is also contended by Mr. Ganguli that a large number of Judges of High Court and Supreme Court have also been allotted plots in Salt Lake City under the discretionary quota of the Chief Minister and it will be unfair to single out respondent No. 24 for meting out a different treatment. At the time of hearing of this writ petition, we requested the learned Senior counsel to inform us whether any other Judge or Judges obtained the allotment order from the discretionary quota of the Chief Minister by compromising his judicial duties, we would also proceed against such allottee. He, however, was unable to receive any instructions in this behalf. It is trite, unequals cannot be treated equally.