Ma Chandi Durga Cements Ltd And ANR v. The State Of West Bengal And ORS

OD-3 & 4 WPO/1440/2021 & CC/5/2022 WITH WPO/1440/2021

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE MA CHANDI DURGA CEMENTS LTD. AND ANR.

VERSUS

THE STATE OF WEST BENGAL AND ORS.

& MA CHANDI DURGA CEMENTS LTD. AND ANR.

VERSUS

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 28th January, 2022 [Via Video Conference] Appearance:

Ms. Sutapa Sanyal,Adv.

Mr. Debrup Bhattacherjee, Adv.

Mr. Pradeep Kr. Tulsyan, Adv.

... for the petitioner.

Mr. A. Ray, ld. GP Mr. Debasish Ghosh, Adv.

Mr. Anirban Ray, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mandal, Adv.

... for the State.

Mr. T. M. Siddiqui, Adv.

... for the respondent nos. 4, 5.

The Court :- The Executive Director of WBIDC Mr. Kamalakanth Polukonda is present virtually. An unconditional apology is tendered for delay in compliance with this Court's order.

An order dated 25th January, 2022 issued by the Managing Director is placed by the WBIDC. Let the same be kept with the records.

The Counsel for the petitioner Ms. Sanyal assails the order for arbitrariness and complains the same constitutes a fraudulent compliance of the Court's order.

This Court is of the view that since the order has already been complied with and for whatever it is worth an order dated 25th January, 2022 has been passed, the remedy against the same would be a separate cause of action. Reserving the rights to the petitioner to challenge the order dated 25th January, 2022 in accordance with law writ petition shall stands disposed of. The personal presence of Executive Director is dispensed with. The WBIDC and the Executive Director including Managing Director are warned against delay in complying with orders of the High Court in future. No order as to costs.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(RAJASEKHAR MANTHA, J.) mg