VIJAI SHREE LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The question of law that is involved in this batch of writ petitions is common and hence the same shall stand disposed of by this common judgment.

(2.) According to learned counsel appearing for the respective petitioners, this batch of writ petitions is covered by the decisions of this Court in W.P. No. 1342 of 2003 (Mendarian Enterprises Private Limited and Ors. v. Inspector General of Registration, Range-I and Ors.) decided on November 13, 2003 by Hon'ble Barin Ghosh, J. (as His Lordship then was) [the decision is reported in MENDARIAN ENTERPRISES PVT LIMITED v. INSPECTOR GENERAL OF REGISTRATION, RANGE-I, 2004 1 CalHN 363 and W.P. No. 560 of 2012 (Jiten Raichand Shah and Anr. v. the State of West Bengal and Ors.], decided on July 26, 2012 by me.

(3.) On the first day W.P. No. 681 of 2012 and W.P. 791 of 2012 were considered by me, Mr. Talukdar and Mr. Mitra, learned senior counsel for the respective petitioners had prayed for orders of disposal of the said writ petitions in the same line Jiten Raichand Shah was disposed of. However, Mr. Dutta, learned counsel appearing for the respondents, urged the Court not to follow the decision in Jiten Raichand Shah on the ground that it is not a decision on merits but based on a concession of the learned counsel appearing for the respondents in that writ petition. Further, according to him, points that he would like to raise had not been urged in Mendarian Enterprise and, therefore, His Lordship had no occasion to consider the same. He urged the Court to consider the issue afresh based on his submissions.