State Of West Bengal VS. Ashish Kumar Roy And Ors.

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State Of West Bengal VS. Ashish Kumar Roy And Ors.

CASE NO.: Appeal (civil) 4454 of 1999

PETITIONER: State of West Bengal

RESPONDENT: Ashish Kumar Roy and ors.

DATE OF JUDGMENT: 03/12/2004

BENCH: Shivaraj V. Patil & B.N. Srikrishna

JUDGMENT: J U D G M E N T

SRIKRISHNA,J.

This appeal by special leave impugns a judgment of the Division Bench of the Calcutta High Court allowing a writ petition under Article 226 of the Constitution of India, holding certain provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as 'the Act') as ultra vires the Constitution of India as also declaring that clause 3(e) of Article 323B of the Constitution to the extent it provides for transfer of all pending cases under Article 323 B violates the basic structure of the Constitution. The judgment also declares section 9 of the said Act as ultra vires the Constitution and violative of the basic structure of the Constitution.

The Government of West Bengal, after obtaining the assent of the Governor, notified and published the provisions of the said Act in the official gazette dated December 12, 1997.

The respondents 1 to 4, who are advocates and members of the Bar Association of Calcutta High Court, filed writ petition no.

7110(W)/ 1998 in the Calcutta High Court challenging the provisions of the said Act as ultra vires, null and void and ineffective, and seeking a declaration that Article 323B (2)(d) of...

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