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Premier Mica Mining & Manufacturing Company v/s The Competent Authority Barrackpore


Company & Directors' Information:- PREMIER LIMITED [Active] CIN = L34103PN1944PLC020842

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- MICA PVT LTD [Active] CIN = U14293WB1947PTC015629

Company & Directors' Information:- PREMIER INDIA PRIVATE LIMITED [Active] CIN = U52520TG1993PTC016684

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- PREMIER MINING CORPN. PVT LTD [Strike Off] CIN = U13209WB1953PTC021218

Company & Directors' Information:- MINING & MANUFACTURING PRIVATE LIMITED [Under Process of Striking Off] CIN = U13100JH1971PTC000892

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

    F.M.A. No. 1055 of 2013 with C.A.N. No. 9750 of 2012

    Decided On, 05 December 2013

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE SUBHRO KAMAL MUKHERJEE & THE HONOURABLE MR. JUSTICE SAHIDULLAH MUNSHI

    For the Appellant: Saktinath Mukherjee, Amiya Narayan Mukherjee, Advocates. For the Respondent: Sundarananda Pal, Naba Kumar Das, Advocates.



Judgment Text

1. Although the matter is appearing under the heading ‘application’, by consent of Mr. Saktinath Mukherjee, learned senior advocate appearing for the appellants, and Mr. Sundarananda Pal, learned senior advocate appearing for the respondents, we take up the hearing of the appeal itself by treating the same as on day’s list. All formalities are dispensed with.

2. The writ petitioners were the owners of a vast area of land. Therefore, a proceeding was initiated under the Urban Land (Ceiling and Regulation) Act, 1976.

3. The Competent Authority passed its order declining that certain lands were excess lands and the decision of the Competent Authority was communicated to the writ petitioners under memo dated March 21, 1997.

4. The writ petitioners make a representation to the Competent Authority to re-consider its matter on the ground of pronouncement of the judgment of Supreme Court of India in the case of State of Maharashtra and another vs. B.E. Billimoria and others reported in (2003) 7 Supreme Court Cases 336 and other subsequent judgments.

5. Since the representation was not considered, the writ petitioners approached this Court with an application under Article 226 of the Constitution of India.

6. The Hon’ble Single Judge rejected the said application on the ground that the order of the Competent Authority was an appellable order and, therefore, the writ petitioners were not entitled to maintain the writ petition without preferring the appeal.

7. We are of the opinion when there has been changing law during the pendency of the proceeding, justice demands that the authority should consider the matter in the background of changed pronouncement of the Supreme Court of India.

8. We, therefore, set aside the order impugned and direct the Competent Authority at Barrackpore, under the Urban Land (Ceiling and Regulation) Act of 1976, to consider the representation dated December 28, 2011 submitted by the petitioners by passing a reasoned and speaking order, after giving opportunity of hearing to the writ petitioners and any other perso

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n interested in the matter, within two months from the date of communication of this order. 9. With the aforesaid directions, the appeal and the connected application stand disposed of. 10. We make no order as to costs.
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