SWAPAN KR DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition there are 263 petitioners. Admitted back ground in moving this writ petition is, inter alia, as follows:

(2.) The writ petition appeared as Listed Motion before the Hon'ble Mr. Justice AMITAVA LALA on April 9, 2003. As it appears from the records Mr. Uttam Kr. Mazumder, advocate entered appearance on behalf of the Union of India. However, on that day His Lordship after hearing the submissions of both sides refused to grant any Interim order of injunction. His Lordship, however, passed two clear and specific orders. One is that the petitioners will have to deposit Court Fees for 362 petitioners out of 363 and the second is that the respondents will have to file affidavit-in-opposition by April 23, 2003 and the affidavit-in-reply by April 30, 2003 and thereafter the matter to appear being marked as for orders in May, 2003.

(3.) As it appears from Office Note dated April 30, 2003, Court fees as per the direction of His Lordship was not deposited and affidavits were not also filed. Subsequently, however, affidavit- in-opposition (sic) was filed by the respondents and affidavit-in-reply was filed by the petitioners. On April 9, 2003 when passing the Order His Lordship the Hon'ble Justice LALA made clear and specific observations which is as follows: