Sri Amar Nath Paul & Ors vs The State Of West Bengal & Ors on 12 May, 2016
Mr. Talukdar, learned advocate appearing on behalf of the KMDA
relied on another decision of the Supreme Court in the case of R.
Rajagopal alias R. R. Gopal & Anr. vs. State of Tamil Nadu & Ors.
reported in AIR 1995 SC 264 to paragraphs 6 and 7 therein. In that case
the Supreme Court found the disputed question arose in a situation where
persons involved in the dispute were not made parties to the writ petition.
Hence, the said Court in exercising jurisdiction under Article 32 of the
Constitution found that it could not go into such a disputed question of
fact.