K.I.C. Resources Limited & Anr vs State Of West Bengal & Ors
2021 Latest Caselaw 4337 Cal

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.
                               -Versus-
                      State 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.)