Research › Search › Judgment

Calcutta High Court · body

2018 DIGILAW 785 (CAL)

Bikas Mondal v. Narugopal Makud

2018-11-14

ARINDAM MUKHERJEE, BISWANATH SOMADDER

body2018
JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 29th August, 2017, passed by a learned Single Judge in WP 10877 (W) of 2016 (In Re: Naru Gopal Makud. Petitioner). 3. By the impugned judgment and order, the writ petition was disposed of with a direction upon the Pradhan, Nizkashaba Gram Panchayat (being the respondent no.3 in the writ proceeding), to consider and take a decision in respect of the writ petitioner’s representation which appears at pages 92 to 94 of the writ petition, in accordance with law, after giving an opportunity of hearing not only to the writ petitioner but also to the private respondents (being the appellants herein) within a certain timeframe. 4. Even a bare perusal of the impugned judgment and order reveals that the same has been rendered with cogent reasons and does not suffer from any palpable infirmity or perversity which would warrant any interference in an Intra-Court Mandamus Appeal. The learned Single Judge has made it clear that in the event it is found that the private respondents (being the appellants herein) have made any illegal construction without having any sanctioned plan or have been carrying on with such construction, the concerned authority, namely, the Pradhan, Nizkashaba Gram Panchayat, was at liberty to take appropriate steps for demolition of such illegal construction upon complying with the statutory provision as contained in the West Bengal Panchayat Act, 1973. The interest of the appellants, thus, are adequately safeguarded in the impugned judgment and order dated 29th August, 2017. 5. For reasons stated above, the appeal and the application for stay are liable to be dismissed and stand accordingly dismissed. Arindam Mukherjee, J. : I agree.