Subhendu Dutta v. State Of West Bengal &ORS

Court No. 11 G.S.Da s 07.4.2022 FMA 236 of 2022 With CAN 1 of 2020 (Old No. CAN 2621 of 2020) Subhendu Dutta -vsState of West Bengal & Ors.

Mr. Bharat Chandra Simai ... for the appellant Mr. Manas Kundu Md. Mansoor Alam ... for the State-respondent Mr. Piush Chaturvedi Mr. Arjun Kumar Samanta ... for the respondent no.3 Mr. Subhasish Pachal ... for the Added respondent Party/Parties is/are represented in the order of their name/names as printed above in the cause title. Mr. Chaturvedi, Learned Counsel appearing for the respondent no.3/the Prodhan, submits that in terms of the order dated March 18, 2021 passed by this Court in CAN 2621 of 2020 arising out of MAT 382 of 2020, the Prodhan, Daspur 1, Gram Panchayat, passed an order dated April 6, 2021 by observing that the appellant herein cannot get any relief for approval of his building plan in Plot No.833, Mouza-Shyamsundarpur, P.S.-Daspur, Dist.-Paschim Medinipur.

Such decision of the Prodhan of the concerned Gram Panchayat with regard to the approval of the building plan of the appellant gives rise to a fresh cause of action. Therefore no useful purpose will be served in keeping the

instant appeal pending before this Court.

Accordingly, FMA 236 of 2022 along with CAN 1 of 2020 (Old No. CAN 2621 of 2020) stand disposed of. The appellant is left free to take appropriate steps, if and so advised, in accordance with law.

A copy of the order dated April 6, 2021 be retained with the record.

All parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Hiranmay Bhattacharyya,J.) (Subrata Talukdar,J.)