Research › Search › Judgment

Calcutta High Court · body

2019 DIGILAW 528 (CAL)

Ashoke Bairagi v. Tamal Taru Bairagi

2019-04-24

ARINDAM MUKHERJEE, BISWANATH SOMADDER

body2019
JUDGMENT : 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 28th January, 2019, passed by a learned Single Judge in W.P. 24890 (W) 2018 (Tamal Taru Bairagi vs. The State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition with certain directions upon the concerned Municipality, namely, Panihati Municipality. 3. The instant appeal has been preferred by the private respondent no. 6, namely, Ashoke Bairagi. 4. After considering the submissions made by the learned advocates for the parties and upon perusing the impugned judgment and order, we find that the same has been rendered with cogent and justifiable reasons. In an Intra-Court Mandamus Appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts of the instant case, we do not notice any palpable infirmity or perversity on a plain reading of the impugned judgment and order. As such, the impugned judgment and order does not warrant any interference. 5. However, taking into consideration the fact that the appellant (being the private respondent no. 6 in the writ proceeding) has made an application before the Panihati Municipality for sanction of a building plan and has deposited the requisite fees, we are of the view that the concerned Municipality, namely, Panihati Municipality (now being administered by the Sub-Divisional Officer, Barrackpore and the Executive Officer of the Municipality) shall take a decision in respect of the said application for sanction of building plan in accordance with law, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order. 6. The appeal and the application for stay stand disposed of accordingly. 7. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates of the parties. I agree. : Arindam Mukherjee, J.