SUBHAS CHANDRA DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ALL these matters were assigned before this Bench for early hearing of the matters in question. The writ petitioners/appellants have challenged the action taken by the State of West Bengal against the notices of eviction issued under Section 11 of the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 [hereinafter referred to as the Act of 1984]. When the matter came up before us earlier on 10th December, 2007, the Learned Advocate appearing in support of the appeal as well as on behalf of the appellant prayed for Leave to file a short supplementary affidavit to all these matters before this bench. Accordingly, such leave was granted by us.

(2.) ACCORDING to Mr. Samanta, Learned Advocate appearing on behalf of the writ petitioners/appellants submitted that the said affidavit will govern all the points pending before this Court.

(3.) ON such prayer being granted by us affidavit has been filed by one Subhas Chandra Dasgupta on 13th December, 2007. Before the said matter was taken up by us, since all the matters were specially assigned before us by the Hon'ble Chief Justice, an application was filed by the said Subhas Chandra Dasgupta praying for release of all the said matters in question relating to eviction under the provisions of the Act of 1984. On the ground that one matter came up before one of us, Pinaki Chandra Ghose, the question was decided in the said matter which is being APOT no. 251 of 2000 (Sunilangshu Das vs. State of West Bengal and Ors. ). Since the said order was passed by one of us, we have already released the said appeal from our Cause List and we intend to take up all the matters since it was specially assigned before us and furthermore we feel that for the said reason and/or the ground, the Court should not release any matter from the Cause List.