K.I.C. Resources Limited v. State Of West Bengal & ORS

19-08-2021 ct no. 13 Sl.2+3 sp WPA 11299 of 2019 With WPA 5092 of 2019 K.I.C. Resources Limited & Anr.

-VersusState of West Bengal & Ors.

(Via Video Conference) Ms. Kumkum Mukherjee ...for the petitioners Mr. Sirsanya Bandyopadhyay, Mr. Arka Kr. Nag ....for the State Mr. S. Mukherjee, Mr. Debasish Ghosh ....for the State (in WPA 5092 of 2019) Two writ petitions have been filed by the petitioners challenging the Constitutional vires of the West Bengal Housing Industry Regulation Act, 2017 (hereinafter referred to as "the WBHIRA"). It appears that the Hon'ble Supreme Court has struck down the Constitutional validity of the aforesaid Act by a judgment passed in WP (C) 116 of 2019 dated May 4, 2021 (Forum for People's Collective Efforts (FPCE) & Anr. Vs. The State of West Bengal & Anr.).

In that view of the matter, both the writ petitions become infructuous and dismissed as such.

In so far as the orders of the WBHIRA that have been put into execution by the respondent nos. 5 and 6, this Court has not gone into the

same. The propriety of such execution, is left open to be decided by the appropriate forum before whom execution is sought.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)