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2012 Supreme(Cal) 908

PRATAP KUMAR RAY, SUBAL BAIDYA
Profulla Kumar Ghosh – Appellant
Versus
State – Respondent


Advocates appeared:
For the Appellant: Ms. Rina Banerjee
For the State: Mr. Sailajananda Bhattacharyya, Mr. Asit Baran Mukherjee
For the Pradhan-respondent no. 2: Mr. Ujjal Duta

Judgment

Pratap Kumar Ray, J.

Assailing the order dated 26th July, 2012 passed by the learned trial Judge in W.P. 8768(W) of 2011, this appeal has been preferred.

2. A very short question is involved about interpretation of sub-rule (3) of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. Learned trial Judge dismissed the writ application on the ground that the Pradhan of the concerned Gram Panchayat refused to sanction the building plan. In view of the very tenor of the judgment under appeal, we are of the view that the appeal can be taken up for final hearing along with the application for stay.

3. Service of notice of appeal and all other formalities stand dispensed with.

4. The issue cropped up in respect of sanction of a building plan. Admittedly the writ petitioner-appellant filed an application for sanction of a building plan under Section 23 of the West Bengal Panchayat Act, 1973 read with sub-rule 1 of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 (hereinafter for brevity referred to as ‘the said Act’ and ‘the said Rules’ respectively). An enquiry was made with reference to the application praying for sanction





























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