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IN THE HIGH COURT AT CALCUTTA
Dipankar Datta, J.
Smt. Diblu Naskar - Petitioner
Versus
State of West Bengal & ors. - Respondents
W.P. No. 3726 (W) of 2008
Decided On : May 14, 2009
WRIT PETITION - REVIEW - MAINTAINABILITY - ADMINISTRATIVE APPROVAL - MANDATORY ORDER - INHERENT POWER - NATURAL JUSTICE - PLENARY JURISDICTION - COURT OF WRIT - SECOND WRIT PETITION - REVIEW OF EARLIER ORDER - INJUNCTION - FRAUD - MISREPRESENTATION - ERROR - JUDICIAL PROCEEDINGS - REVIEW JURISDICTION - THIRD PARTY - INTEREST OF JUSTICE - ABUSE OF PROCESS - PROCEDURAL LAW.
Fact of the Case:
The ADSR office at Falta was functioning from an old dilapidated building owned by a private party. The office received an offer from the writ petitioner Diblu Naskar (hereafter Naskar) conveying willingness to let out the ground and first floors of her building at Fatepur for accommodating the ADSR office. A proposal had been initiated by the ADSR office for shifting it to the building offered by Naskar. The District Magistrate, South 24 Parganas recommended the move which was accepted by the Inspector General of Registration and Commissioner of Stamp Revenue. By a Government Order bearing No.1852-F.T. dated 13.11.2006, administrative approval was accorded for shifting of the ADSR office to Fatepur. Since despite such administrative approval the ADSR office had not been shifted to Fatepur, Naskar had the occasion to move a writ petition before this Court being W.P. No. 15917(W) of 2007. The writ petition was disposed of by Hon’ble Pal, J. on 14.9.2007 by passing the following order: “In the writ petition the petitioner has prayed for a direction upon the respondents to comply with the administrative approval which was intimated by the Assistant Secretary, government of West Bengal by letter dated 13th November, 2006. Learned advocate for the State submits on instruction that pursuant to the administrative approval the office of the Additional District Sub-Registrar shall be shifted shortly. Having heard the learned advocates or the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondents particularly the Additional District Sub-Registry Officer, the respondent no.2 to shift the office of the Additional District Sub-Registrar from Falta to Fatepur by 30th November, 2007. Since the respondents were not called upon to file affidavits controverting the allegations, the allegations made in the writ petition are deemed not to have been admitted by them. There will be no order as to costs.” The order dated 14.9.2007 was not complied with. This prompted Naskar to serve a notice on the official respondents through her Advocate dated 12.12.2007 requesting them to implement the order forthwith failing which appropriate proceedings under the Contempt of Courts Act, 1971 would be initiated. In response to such notice, Naskar’s Advocate was served with Memo No.1452 dated 17.12.2007 issued by the District Registrar, South 24 Parganas. Perusal of the same reveals that a public interest litigation bearing AST No. 2232 of 2007 had been moved before this Court challenging the decision of the respondents to shift the ADSR office from Falta to Fatepur which was pending and that the Junior Standing Counsel, Government of West Bengal advised on 24.11.2007 not to shift the ADSR office until further order is passed by the appropriate Court. It also appears that reference was made to another writ petition [W.P. No.25388 (W) of 2007 : Debasis Mallick vs. State of West Bengal & ors.] which had been disposed of by Hon’ble Dutt, J. on 19.11.2007 granting liberty to that petitioner (hereafter Mallick) to make a representation before the Principal Secretary, Finance Department, Government of West Bengal within a period of 7 days and if made, the same was directed to be disposed of after granting opportunity of hearing to him. It was further directed by the Court that till such time a decision on the representation of Mallick is given, the ADSR office shall not be shifted to Fatepur.
Finding of the Court:
1. The order dated 26.12.2007 passed by the Principal Secretary, Finance Department is set aside. 2. The order dated 30.11.2007 passed by Hon’ble Dutt, J. is reviewed, recalled and restored to its original file and number. 3. Liberty is granted to the parties (including the official respondents) to pursue their respective remedies in accordance with law.
Issues: 1. Whether the second writ petition for review of an earlier order is maintainable? 2. Whether the Court has the inherent power to review its order in the interest of justice? 3. Whether the order dated 26.12.2007 passed by the Principal Secretary, Finance Department is valid?
Ratio Decidendi: 1. A second writ petition for review of an earlier order is maintainable if the petitioner establishes that the order adversely affected his/her interest or if he/she was not a party to the lis but the judgment adversely affected his/her interest. 2. A Court of Writ exercises power of review not under Order 47, CPC but in exercise of its inherent jurisdiction and in the interest of justice. 3. The Court has the inherent power to review its order in the interest of justice and to prevent abuse of the process of law as well as the Court.
Final Decision: The writ petition is allowed. The order dated 26.12.2007 passed by the Principal Secretary, Finance Department is set aside. The order dated 30.11.2007 passed by Hon’ble Dutt, J. is reviewed, recalled and restored to its original file and number. Liberty is granted to the parties (including the official respondents) to pursue their respective remedies in accordance with law.
The office of the Additional District Sub-Registrar, Falta (hereafter the ADSR office) is presently functioning from an old dilapidated building owned by a private party. The building, according to the official respondents, is more than a century old and no repairs have been effected by the owner for a long time. In fact the counter affidavit of the official respondents reveals that the owner is not to be found and since 1975, no rent is being accepted.
2. The Directorate of Registration and Stamp Revenue had initiated process to computerize all the registration offices in the State. Since the accommodation at Falta was found to be inadequate for implementing the project of computerization, the Director was on the look out for an alternative accommodation for the ADSR office.
3. In course of searching for a suitable building, the ADSR office received an offer from the writ petitioner Diblu Naskar (hereafter Naskar) conveying willingness to let out the ground and first floors of her building at Fatepur, Police Station Falta, South 24 Parganas for accommodating the ADSR office. A proposal had been initiated by the ADSR office for shifting it to the building offered by Naskar. The District Magistrate, South 24 Parganas recommended the move which was accepted by the Inspector General of Registration and Commissioner of Stamp Revenue. By a Government Order bearing No.1852-F.T. dated 13.11.2006, administrative approval was accorded for shifting of the ADSR office to Fatepur.
4. Since despite such administrative approval the ADSR office had not been shifted to Fatepur, Naskar had the occasion to move a writ petition before this Court being W.P. No. 15917(W) of 2007. The writ petition was disposed of by Hon’ble Pal, J. on 14.9.2007 by passing the following order:
“In the writ petition the petitioner has prayed for a direction upon the respondents to comply with the administrative approval which was intimated by the Assistant Secretary, government of West Bengal by letter dated 13th November, 2006. Learned advocate for the State submits on instruction that pursuant to the administrative approval the office of the Additional District Sub-Registrar shall be shifted shortly. Having heard the learned advocates or the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondents particularly the Additional District Sub-Registry Officer, the respondent no.2 to shift the office of the Additional District Sub-Registrar from Falta to Fatepur by 30th November, 2007. Since the respondents were not called upon to file affidavits controverting the allegations, the allegations made in the writ petition are deemed not to have been admitted by them. There will be no order as to costs.”
5. The order dated 14.9.2007 was not complied with. This prompted Naskar to serve a notice on the official respondents through her Advocate dated 12.12.2007 requesting them to implement the order forthwith failing which appropriate proceedings under the Contempt of Courts Act, 1971 would be initiated.
6. In response to such notice, Naskar’s Advocate was served with Memo No.1452 dated 17.12.2007 issued by the District Registrar, South 24 Parganas. Perusal of the same reveals that a public interest litigation bearing AST No. 2232 of 2007 had been moved before this Court challenging the decision of the respondents to shift the ADSR office from Falta to Fatepur which was pending and that the Junior Standing Counsel, Government of West Bengal advised on 24.11.2007 not to shift the ADSR office until further order is passed by the appropriate Court. It also appears that reference was made to another writ petition [W.P. No.25388 (W) of 2007 : Debasis Mallick vs. State of West Bengal & ors.] which had been disposed of by Hon’ble Dutt, J. on 19.11.2007 granting liberty to that petitioner (hereafter Mallick) to make a representation before the Principal Secretary, Finance Department, Government of West Benga
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