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2005 Supreme(SC) 995

ARIJIT PASAYAT, H.K.SEMA
Supriya Basu – Appellant
Versus
W. B. Housing Board – Respondent


Judgment

Arijit Pasayat, J.—Appellants call in question correctness of the judgment rendered by a Division Bench of the Calcutta High Court holding that the writ petition filed by them is not main­tainable. Accordingly, it set aside ­judgment of learned Single Judge who had ­entertained the writ petition and given some direc­tions.

2. The dispute related to the allotment of 156 car parking spac­es. The appellants who are occupying B Type flats took the stand that the car parking spaces were to be allotted only to them and not to A type flat owners. Questioning the legality of a letter purportedly issued by the Housing Commissioner dated 6th June, 1995 giving certain clarifications about entitlement of A type flat owners a writ petition was filed with a prayer that the letter was without any authority and even if any action has been taken by the respondents-West Bengal Housing Board (hereinafter referred to as the ‘Board’) and/or Samdrita Co-operative Housing Society Ltd. (in short the ‘Society’) in selling the parking spaces or any issue connected thereto, it was inoperative and invalid. Learned Single Judge accepted the plea overruling the contention raised by the Board/Society and








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