(Prt. Anutosh Chattopadhyay ... vs The State Of West Bengal & Ors
2022 Latest Caselaw 3876 Cal

Court No. 22               IN THE HIGH COURT AT CALCUTTA
30.6.2022

Constitutional Writ Jurisdiction (Item No. 5) Appellate Side

(AB) W.P.A. 172 of 2007

Rupali Chattopadhyay (Prt. Anutosh Chattopadhyay since deceased) & Ors.

VS The State of West Bengal & Ors.

Mr. Aniruddha Chatterjee Ms. Noelle Banerjee Mr. Debabrata Roy ... for the petitioners Mr. Santanu Kumar Mitra Mr. Subhabrata Das ... for the State

Mr. Santanu Kumar Mira, learned State counsel has completed his submissions.

Mr. Debabrata Roy, learned counsel immediately after completion of Mr. Mitra's submission has commenced his submissions in reply and distinguished the judgment placed by Mr. Mitra. Mr. Roy further submits that, at a material point of time both pre and post show cause notice and the impugned order his clients were ready and willing to establish the necessary SSI unit for which the plot was allotted. Once the plot stands allotted legitimate expectations accrued in favour of his clients and by passing the impugned order the State had acted in an arbitrary and wrongful manner. Hence, the ratio of the said judgment in the matter of Food Corporation of India Vs. M/S. Kamdhenu Cattle Feed Industries reported at (1993)1 SCC 71, relied upon by Mr. Mitra has no application in the facts of this case.

Hearing concluded.

Judgment reserved.

(Aniruddha Roy, J.)