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.
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.