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1987 Supreme(Cal) 228

MONORANJAN MALLICK, BHAGABATI PRASAD BANERJEE, G.N.RAY
LAKSHMIMONI DAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.MOTILAL, A.N.MUKHERJEE, ABHIJIT CHATTERJI, AMITAVA CHAUDHARY, ARABINDA SEN, ARUN PRAKASH CHATTERJI, B.K.BHOWMICK, B.L.JAIN, Bhaskar Gupta, BIJON MAJUMDAR, CHANDANA MITRA, D.MUKHERJI, DHRUBA BHATTACHARJEE, DILIP DHAR, DILIP K.HALDAR, INDIRA BANERJI, JOYDEEP GUPTA, KANAN KUMAR GHOSH, M.D.JAJODIA, M.Gupta, M.N.Ghosh, N.L.NAYAK, N.NAYAK, NANI GOPAL CHATTERJI, P.K.CHATTERJI, PARTHA DUTTA, PRODOSH MALLICK, PRONAB K.CHATTERJI, R.N.DAS MOHAPATRA, RAMAPATI ROY, S.ATAUNNABI, S.K.GUPTA, S.K.MAJUMDAR, S.MUSTAFI, S.P.CHATTERJEE, S.PAL CHAUDHARY, SADHAN CHANDRA GUPTA, SAMIL K.BANERJI, SAMIR CHAKRABORTY, SANTANU MUKHERJI, SIPRA DAS, SWADESH BHUSAN BHUNIA

G. N. RAY, J.

( 1 ) THIS Rule namely C R. No. 11382 (W) of 1982 has been heard analogously with other Civil; Rules because common questions of law are involved in all these cases, Civil Rule No. 1382 (W) of 1982 and a number of other writ cases challenging the vires of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 came up for hearing before a Division Bench of this Court. On 12th December, 1985, the said Division Bench was pleased to make a reference to the Special Bench by the following order:-"these group of writ petitions challenge the vires of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. On the question of applicability of the Act to certain kinds of land, it may become necessary to reconsider a Division Bench decision of this Court in Appeal No. 239 of 1978 (Jatadhari Daw and Grandsons v. Smt. Radha Debi and Anr.) pronounced on September 6, 1985. We deem it desirable that these group of writ petitions may properly engage the attention of the Special Division Bench. Other questions raised in these writ petitions relate to substantial questions of law of general importance. In the circumstances, the entire cases may be referred to the S











































































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