SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Cal) 739

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Kalachand Mahanta – Appellant
Versus
Tarun Kanti Adhikary – Respondent


Advocates Appeared:
For the Appellants : Usha Maity and Malyasree Maity.
For the Respondent: Raghunath Chakraborty.
For the Municipality : Achinta Kumar Banerjee and S.K. Faridullah.

JUDGMENT :

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
























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top