STATE OF WEST BENGAL Vs. BLUE PRINT

JUDGEMENT

(1.) Appeals are taken up for hearing pursuant to the order dated Jan. 22,1998, as In course of hearing of the applications it is felt the appeals themselves be disposed of.

(2.) The Impugned judgment In applications under Art. 226 of the Constitution of India contains the facts and the various laws which are involved, in great detail. Since, however, we have chosen to dispose of the appeals mainly on the ground that before the questions that are decided by the learned Single Judge are addressed, it would be necessary to go into a few questions as to vires of the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980, and amendments therein by the Amendment Act of 1989 and the principles as respects the efficacy of a proceeding under Art. 226 of the Constitution of India to decide the questions of facts in issue and the rules of prudence that are exercised by the Court in exercising the extraordinary jurisdiction of the Court to issue any prerogatives and/or directions/orders in matters which ordinarily are left for decision by the competent authority or by the Civil Courts.

(3.) The facts for our purpose can briefly be stated as follows:-