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1996 Supreme(Cal) 372

Altamas Kabir
Biswanath Kumar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Kamal Krishna Chakraborty, Ramdulal Manna, Ashok Kumar Jha, Susanta Mukherjee for the petitioners
Subodh Ukil (Govt. Pleader), Pradyut kr. Dutta, Ms. Chhabi das (Roy) Ms. Keka Roy Chowduhury, Aloke Sen, Ms. Rina Basu, Ms. Jhurnur Chakraborury, Dilip Das Gupta for the State respondents.

JUDGMENT

Altamas Kabir, J. : There two matters have been heard along with several other matters as they all involve the same questions of law and the facts are more or less similar.

2. The common case of the petitioners in all these matters is that they are the owners of orchards comprised mostly of mango trees in the districts of Maida and Murshidabad. Accordingly to the petitioners, some of the mango and other trees in their orchards have become old and have lost their optimum fruit-bearing capacity and are no longer economically profitable. It is the petitioner's case that such unproductive trees are required to be replaced by new trees with higher fruit-yielding capacity.

3. According to the petitioners, when they began to cut down the trees which were no longer capable of yielding a profitable harvest, they were told by employees belonging to the office of the respondents to stop cutting the trees without the prior permission of the appropriate authority.

4. Being prevented from felling the trees in question, the petitioners have filed these writ applications, inter alia, for a direction upon the respondents, their subordinates and agents, not to cause any obstruction to the petit






















































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