SANKAR PRASAD MITRA, S.C.GHOSH, SABYASACHI MUKHARJEE, S.K.DATTA, A.K.JANAH
PUSHRAJ PURANMULL – Appellant
Versus
N. ROY AND ORS. – Respondent
( 1 ) IN this application under Article 226 of the Constitution the validity of the West Bengal Relief Undertakings (Special Provisions) Act, 1972 has been challenged. The petitioner asks for a declaration that the Act is beyond the legislative competence of the State of West Bengal and is void. The petitioner has also prayed for issue of a writ in the nature of mandamus or appropriate direction for recall, cancellation and withdrawal of Notifications Nos. 1272--CSI and 1277-CSI both dated the 24th March, 1977 issued by the Deputy Secretary to the Government of West Bengal, Department of Closed and Sick Industries. By the first Notification the State Government in the exercise of power conferred by Section 3 of the Act declared Messrs. Nafar Chandra Jute Mills Ltd. to be a relief undertaking. By the second Notification the State Government directed in the exercise of power conferred by Section 4 of the Act that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force relating to the relief undertaking shall remain suspended.
( 2 ) THE petitioner claims to be a creditor of the
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