Extract
Netai Bag & Ors. VS. The State Of West Bengal & Ors.
CASE NO.: Special Leave Petition (civil) 14833 of 1999PETITIONER: NETAI BAG & ORS.Vs.RESPONDENT: THE STATE OF WEST BENGAL & ORS.DATE OF JUDGMENT: 27/09/2000BENCH: K.T. Thomas. & R.P. Sethi.JUDGMENT: SETHI,J.Leave granted.L...I...T.......T.......T.......T.......T.......T.......T..J Claiming to be the champions to the cause of vegetarians, the Appellant Nos.5 and 6 along with the heirs of the erstwhile land owners, Appellant Nos.1 to 4 herein, moved the High Court by way of a writ petition, filed in public interest with prayer for the issuance of a writ in the nature of mandamus commanding the respondents to forbear from using or utilising the acquired lands for the purposes other than the one for which the acquisition was made. It was further prayed that directions be issued to give back the lands in question to the erstwhile land owners or to sell the land by public auction only for the public purpose.Prayer for the issuance of writ of prohibition was also made for restraining the respondents to use the land for slaughter house or abattoir by respondent No.5. Pending adjudication of the main petition an injunction was prayed for restraining the respondents from using or utilising any part or portion of land in question for any slaughter house/abattoir and restraining the respondent No.4 from allowing respondent No.5 to establish or operate any slaughter house/abattoir on the land in question. Vide order dated 25.5.1988, the learned Single Judge of the High Court dismissed the writ petition and the appeal filed against the order of the learned Single Judge was dismissed by the Division Bench of the Calcutta High Court vide the judgment impugned in this appeal.The facts leading to the filing of the present appeal are that by notification dated 22nd August, 1961 issued under the Land Acquisition Act, the Government of West Bengal acquired land measuring 1...
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