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2016 Supreme(Cal) 237

SAMAPTI CHATTERJEE
Jinnatun Khatun – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Piyush Chaturvedi, Mr. Ardhendu Sekhar Biswas, Learned Mr. Saikat Banerjee
For the Respondent: Mr. Arindam Chatterjee, Mr. N.K. Singh
For the State : Mr. Subhabrata Datta, Mr. Tapas Kumar Mondal Mondal

JUDGMENT :

Samapti Chatterjee, J.

The petitioner has filed the present writ petition challenging the impugned order under Memo dated 14th July, 2015 passed by the Prescribed Authority & BDO, Hemtabad Development Block, Hemtabad, Uttar Dinajpur whereby the order issued by the said Prescribed Authority & BDO speaks as follows:-

“That in conformity with the statutory provision as laid down in subsection (4) of section (9) of the West Bengal Panchayat Act as amended up to date, Upa-Pradhan of Bishnupur G.P. Sri Saki Mohammad shall exercise the powers, perform functions and discharge the duties of the Pradhan until further order.”

2. Mr. Piyush Chaturvedi, learned Advocate appearing for the petitioner submitted that the impugned order dated 14th July, 2015 was actually given effect to on 17th August, 2015 as the appeal preferred by the private respondents was disposed of on 10th August, 2015 by holding, inter alia as follows:-

“We have considered the fact and circumstances of the case. One the decision to remove the Pradhan became effective the original cause of action of the writ petitioners ceased to exist on the basis of the original writ petition. The petitioners were not in a position t




















































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