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2023 Supreme(Cal) 1364

ARIJIT BANERJEE, PRASENJIT BISWAS
IRC Natural Resources Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Jishnu Saha, Mr. Shuvasish Sen Gupta, Mr. S. Mishra, Mr. B. Sen, Mr. Indranil Karfa.
For the State : Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee.
For the Respondents: Mr. Sanjay Saha, Mr. S. Bhattacharya.

JUDGMENT :

Prasenjit Biswas, J.

1. An order dated November 16, 2018, passed by a learned Single Judge of this Court in the appellants’ writ petition being W.P. No. 20023 (W) of 2018. The writ petition was filed challenging a letter dated September 17, 2018, cancelling a joint venture agreement between the appellant no. 1 and the respondent no. 4. The learned Judge directed exchange of affidavits and kept upon the issue of maintainability of the writ petition. This order has been challenged in the present appeal.

2. Being aggrieved by the refusal on the part of the learned Single Judge to pass an interim order restraining the respondents from transferring the concerned mines/mining lease in favour of third parties, the writ petitioners have come up by way of this appeal. At the time of admission the appeal, the parties submitted that the writ petition should be heard out along with the appeal. Accordingly a Coordinate Bench directed as follows:-

    “For the purpose of expeditious disposal of the matter, we propose to take up the writ petition in view of the consent given by the parties ..........

List the appeal and the application for injunction as well as the writ petition, being W.P.

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