ORDER :

Great emphasis has been placed by learned counsel for the State of West Bengal upon the judgment of a Bench of three learned Judges in Goodricke Group Ltd. v. State of W.B., 1995 Supp (1) SCC 707 Quite apart from the fact that there are pending proceedings in this Court seeking to reconcile the judgment in Goodricke with that in State of Orissa v. Mahanadi Coalfields Ltd., 1995 Supp (2) SCC 686 we find some difficulty in accepting as correct the view taken by Goodricke particularly having regard to the earlier decision (of a Bench of two learned Judges) in Buxa Dooars Tea Co. Ltd. v. State of W.B., (1989) 3 SCC 211 . We think, therefore, that these matters should be heard by a Constitution Bench.

2. The papers and proceedings may, accordingly, be placed before the Honble the Chief Justice for appropriate directions.