Calcutta High Court High Court

Debnath Ray vs The State Of West Bengal & Ors on 20 May, 2011

Calcutta High Court
Debnath Ray vs The State Of West Bengal & Ors on 20 May, 2011
Author: Maharaj Sinha
                            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)