WP No. 1541 of 2006
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
DEBNATH RAY
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date : 20 May 2011.
For the petitioner :
Mr. S.S. Arefin,advocate
For the respondent :
Mrs. Suchitra Saha,advocate
The Court :- Since in this writ petition the petitioner has challenged
the West Bengal Rice Mill (Control & Levy) Order, 2005 and the facts of the
case are identical to the facts of the earlier writ petition which I have just
disposed of by the judgment pronounced in Court today, the said judgment
in Pataspur Thana Co-operative Rice Mill Society Limited & Anr. Versus
State of West Bengal & Ors. will govern this case as well and the
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petitioner, as such, is entitled to the same relief as given in the said
judgment which has just now been delivered.
Accordingly, there will be an order in terms of prayer (a) of the writ
petition and the criminal proceedings that was initiated, namely Burdwan
P.S. Case No. 561/06 dated 31 August 2006 in the District Court of
Burdwan under the provisions of Section 7(1)(a) of the Essential
Commodities Act stands quashed.
Mrs. Suchitra Saha, learned Counsel appearing on behalf of the
State, prays for stay of this order and the same is unhesitatingly refused.
Urgent xerox certified copy of this order be made available to the
parties, if applied for.
(MAHARAJ SINHA, J.)
S.Chandra
AR(CR)