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2003 Supreme(Cal) 528

MAHARAJ SINHA
BENGAL BRICKFIELDS OWNERS ASSOCIATION – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.CHAKRABORTY, B.R.Patranabis

MAHARAJ SINHA, J.

( 1 ) IN this writ application, a notification issued by the government of West Bengal, being Memo No. 9503 (16)-M and M dated 30th october, 1986, is under challenge. A copy of the said notification is the only annexure, being marked 'a', to the writ application.

( 2 ) THE present writ application was, in fact, moved way back in the year 1990, to be precise, on 23rd November, 1990. when a learned Single Judge, His lordship Justice Kalyanmoy Ganguly (as His Lordship then was), was pleased to give directions for filing affidavits in the presence of the learned Advocates for both the petitioners and the State respondents.

( 3 ) HIS Lordship Justice Ganguly was also pleased to pass an interim order directing the respondents to allow the petitioners extracting earth on payment of usual assessed royalty. Liberty was also granted to the petitioners by the learned Judge to amend the prayer portion of the petition by adding a prayer therein. On that basis there was also an interim order in terms of the amended prayer - 'f' of the writ petition till the disposal of the writ application.

( 4 ) BY the said interim order in terms of Prayer-'f', the concerned respondents we






































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