ALLAHABAD BANK versus STATE OF WEST BENGAL AND ORS.

ALLAHABAD BANK versus STATE OF WEST BENGAL AND ORS.

The High Court did not examine whether Sections 19(2) (proviso) and 20 of the Urban Ceiling and Regulation Act, 1976 applied; the matter is remitted to the High Court for fresh consideration on merits.

Parties
Appellant: Allahabad Bank; Respondents: State of West Bengal and Ors.
Jurisdiction
India
Judgment Date
20 February 2007
Procedural Posture
Civil Appeal / Appeal From Summary Dismissal of Writ Petition by Calcutta High Court
Outcome
Appeal disposed of; impugned order set aside; matter remitted to High Court for fresh consideration.
Legal Topics
Urban Land Ceiling, Regulation of Excess Land, Permission to Sell Land, Delay in Filing Writ Petition
Property Law Urban Land Ceiling Regulation of Excess Land Permission to Sell Land Delay in Filing Writ Petition

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Parties

Allahabad Bank

Appellant

State of West Bengal and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Summary Dismissal of Writ Petition by Calcutta High Court

Legal Issues

  1. 1 Whether the High Court erred in summarily dismissing the writ petition on grounds of delay without examining the applicability of Sections 19(2) and 20 of the Urban Ceiling and Regulation Act, 1976

Ratio Decidendi

The High Court did not examine whether Sections 19(2) (proviso) and 20 of the Urban Ceiling and Regulation Act, 1976 applied; the matter is remitted to the High Court for fresh consideration on merits.

Court Disposition

Appeal disposed of; impugned order set aside; matter remitted to High Court for fresh consideration.

Orders

  • Impugned order of Calcutta High Court set aside
  • Matter remitted to High Court for fresh consideration on merits