SNEHANGSHU MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners claim to have been carrying on the business of brick manufacturing business under the name of "Raja Brick Field" in lands within the Police Station of Hasnabad since 1985. They have challenged at FIR dated 5.10.93 lodged by the BL & LRO in the Hasnabad Police Station in which it has been alleged inter alia that the petitioners had unauthorisedly converted the character of land and extracted and removed brick earth without any quarry permit and without payment and were liable to prosecution under section 40 of the Land Reforms Act, 1955. Rule 30 of the West Bengal Minor Minerals Rule, 1973, section 21(1), 21(2) of the Mines and Minerals (Regulation and Development) Act, 1957 and sections 290/379/447 of the Indian Penal Code. An interim order was passed on 14.10.93 inter alia restraining the respondents from arresting the petitioners and also restraining the respondent authorities from interfering with the business of the petitioners. This interim order was subsequently extended on 19.11.93 till the disposal of the writ petition.

(2.) On 23rd November, 1993 twenty-two persons intervened in the proceedings and were added as parties. These added respondents then filed an application for vacating the interim order of injunction passed on 14th October 1993 as extended on 19.11.93 and for dismissal of the writ petition and for initiation of contempt proceedings against the petitioners.

(3.) By an order dated 7th July 1994 the application was directed to be treated as the affidavit-in-opposition to the main application and directions were also given to the writ petitioner to file an affidavit-in-reply. On 25th November, 1994 a second application was filed by the applicants for the same reliefs as their earlier application.