DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Kalachand Mahanta – Appellant
Versus
Tarun Kanti Adhikary – Respondent
1. This is an appeal preferred by the appellants against a judgment dated April 18, 2013 passed in the matter of Tarun Kanti Adhikary v. State of West Bengal & Others (In Re: W.P. No. 1096 (W) of 2013).
2. The appellants were the respondent Nos. 8, 9 and 10 in the above writ application. The operative portion of the above order is quoted below:
"The admitted position is that the order revoking the sanction dated March 26, 2013 issued by the Vice-Chairman of the Municipality is vitiated by an incurable jurisdiction error. He had no authority to issue the order.
For these reasons, I dispose of the WP ordering as follows.
The of the Vice-Chairman of the Municipality dated March 26, 2013 revoking the sanction is hereby set aside. No cost. Certified Xerox.
Sd/-
Jayanta Kumar Biswas, J."
3. While delivering the impugned judgment, the learned Single Judge took into consideration the facts and circumstances as follows:
A building plan was sanctioned by the respondent-Municipality in favour of the respondent No. 1/writ petitioner bearing No. 7(7)/RB dated 02/11/12 for construction of a building on the plot of land lying and situated at Sakshi Gopal Para in Plot No. 13028, Mouza- Bishnupur
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