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2006 Supreme(SC) 507

S.B.SINHA, P.K.BALASUBRAMANYAN
Howrah Mills Co. LTD. – Appellant
Versus
Shamim – Respondent


JUDGMENT

P.K. Balasubramanyan, J.—Leave granted.

1. The appellants approached the High Court of Calcutta praying for the issue of a writ of mandamus directing the State and its police authorities to give the appellants the necessary protection in respect of the property of the first appellant, the Howrah Mills Co. Ltd. The appellants pointed out that the company was before the Board for Industrial and Financial Reconstruction (in short “the BIFR”) for its reconstruction and a proposal to sell away a portion of its land as a means to revive the industry, has been approved by the BIFR, especially since the State of West Bengal had also agreed before it to such a course. The company owned a vast extent of land out of which a portion was to be sold and the process for sale is at an advanced stage. Meanwhile, attempts were being made to interfere with the possession of the appellants over the property and in spite of requests in that behalf, the police authorities were not rendering the necessary help to the appellants. The company employed about six thousand workers and a revival of the company, which was still working, would be for the benefit of such a work force also and it was all t














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