(1.) This Rule namely C R. No. 11382(W) of 1982 has been heard analogously with other Civil; Rules because common questions of law are involved in all these cases, Civil Rule No. 1382 (W) of 1982 and a number of other writ cases challenging the vires of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 came up for hearing before a Division Bench of this Court. On 12th December, 1985, the said Division Bench was pleased to make a reference to the Special Bench by the following order:-
(2.) As the said Rules have been heard analogously, the judgment passed in Civil Rule No. 11382(&) of 1982 will form the basis of the judgment of all the writ cases heard analogously and the special facts concerning some of the writ proceedings will be mentioned whenever reference to such special facts will be necessary for the disposal of such Rules.
(3.) Mr. S. Pal, the learned Counsel appearing for the petitioners in C. R. No. 11382(W) of 1982 has made the principal argument because Civil Rule No. 11382(W) of 1982 was taken up first for hearing and the learned counsels appearing in other matters have indicated the special facts concerning their cases and have, only supplemented the main argument advanced by Mr. Pal on points which, according to the learned counsels, require to be highlighted specifically. As Mr. Pal has made the principal argument, we intend to refer to his arguments in some detail, The arguments of other learned counsels for the petitioners will be referred if and when necessary.
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