WPA/21856/2017
2021 Latest Caselaw 6389 Cal

December 16, 2021
   ARDR

     (10)

                                      WPA 21856 of 2017

                    Mr. Pallab Chatterjee,
                                                          ...for the petitioners.
                    Mr. Soumitra Mukherjee,
                                                               ...for the State.


                          Heard learned counsels for the parties.

                          It is submitted on behalf of the petitioners that the

                    petitioners are operating a brick field in compliance with

                    all the legal requirements and formalities and upon

                    payment of due royalty. The petitioners alleged that the

                    respondents have claimed payment of outstanding dues

which is in violation of earlier judgments passed by this

Court in this regard.

The respondents submit that the latitude granted in

the earlier judgments shall be applicable to the petitioners

only if the petitioners are members of the Bengal Brick

Field Owners Association. Also extraction is permitted

within a permissible quota and in case of excess of such

quota, the owners are required to pay additional charges

for the same.

Upon hearing the submissions made on behalf of

the parties, this Court is of the view that exchange of

affidavits is necessary for proper adjudication of the

matter.

Accordingly, Affidavit in opposition be filed within

three weeks after the Christmas Vacation. Affidavit in

reply, if any, be filed within two weeks thereafter.

Let the matter go out of list for the time being.

Liberty to mention.

(Suvra Ghosh, J.)