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Calcutta High CourtMAT/1723/2022disposed

Subir Kr. Bhadra And ANR. v. State Of West Bengal And ORS.

2022-10-21Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

21.10.2022 Sl. No.04 Ct. 29 Sayandeep MAT 1723 of 2022 With IA NO: CAN/1/2022 Subir Kumar Bhadra & Anr.

Vs.

The State of WestBengal & Ors.

Mr. Ranjit Kr. Roy, Mr. Alakendu Pal, ...for the appellants/ petitioners.

Mr. Himadri Sekhar Chakraborty Ms. Benazin Ahmed Mr. Arun Kr. Saha ...for the Respondents.

The Court does not find any reason to entertain the appeal as the learned Single Judge has already passed an order directing the competent panchayat authority to take steps with regard to the alleged illegal construction by the respondent No. 8. It appears that the appellants are aggrieved by the construction raised by the respondent No. 8. The writ petition was entertained. Necessary orders were passed upon the panchayat authority to take steps on the basis of the complaint of the appellants, upon granting an opportunity of hearing to all parties. The delay in disposal of the issue by the panchayat authorities cannot be a ground for an appeal. As such, the appeal is disposed of.

In view of the above disposal, CAN 1 of 2022 is also disposed of.

Remedy of the appellants under the Contempt of Courts Act is left open.

(Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)