Judgment

H.K. SEMA, J. - The challenge in these two appeals is to the judgment and order dated 11 - 12 - 2002 passed in WPST No. 1044 of 2002 by the a Division Bench of the Calcutta High Court.

2. Civil Appeal No. 6383 of 2003 has been filed by Sankar Deb Acharya

& Ors. and Civil Appeal No. 6384 of 2003 has been filed by the State of West Bengal & Ors. both against Biswanath Chakraborty & Ors. Both the appeals raise common question of law and as such they are being disposed of by this common judgment.

3. We have heard the parties at length.

4. Mr Raju Ramchandran, learned Senior Counsel appeared for the appellants in Civil Appeal No. 6383 of 2003 and Mr Altaf Ahmed, learned Senior Counsel, appeared for the respondents. We have also heard Mr Ranjit Kumar, learned Senior Counsel for the appellants in Civil Appeal No. 6384 of 2003 and Mr Tapas Ray, learned Senior Counsel for the respondents.

5. These two appeals have a chequered history. Avoiding prolixity, we may state a few facts strictly for the purpose of disposal of these two appeals.

As the questions of facts and law raised are common, we are taking facts from Civil Appeal No. 6383 of 2003.

6. The dispute raised in these two app