SANKAR DEB ACHARYA Vs. BISWASNATH CHAKRABORTY

JUDGEMENT

(1.) THE challenge in these two appeals is to the judgment and order dated 11.12.2002 passed in W.P.S.T.No. 1044 of 2002 by the Division Bench of the Calcutta High Court.

(2.) CIVIL Appeal No. 6383 of 2003 has been filed by Sankar Deb Acharya and Ors. and CIVIL Appeal No.6384 of 2003 has been filed by the State of West Bengal and Ors. both against Biswanath Chakraborty and Ors. Both the appeals raise a common question of law and as such they are being disposed of by this common judgment.

(3.) THESE two appeals have a chequered history. Avoiding prolixity, we may state few facts strictly for the purpose of disposal of these two appeals. As the question of facts and law raised are common, we are taking facts from Civil Appeal No.6383 of 2003.