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2018 Supreme(Cal) 211

PROTIK PRAKASH BANERJEE
Sambhu Nath Dirghangi @ Dhirangi – Appellant
Versus
State of W. B. – Respondent


Advocates Appeared:
For the Appellant : Mr. Jayak Kumar Gupta, Mr. Pawan Kumar Jajodia.
For the Respondents: Mr. Bratin Kumar Dey, Mr. Swapan Mitra.
For the KMC : Mr. D.P. Mukherjee, Sr. Adv. Mr. Saurav Chaudhuri, Adv.

JUDGMENT :

1. This writ petition is technically defective so far as Rule 8B and Rule 9 of the Rules of this Court relating to applications under Article 226 of the Constitution of India are concerned.

2. Nonetheless the matter is taken up for hearing on merits because the learned advocate who is on record and is a senior member of the Bar assures me that it will not happen again. He is led by Learned Counsel.

3. The writ petitioner is a co-owner of a certain property along with the non-State Respondents No. 11 to 25. This property was contracted to be developed through the non-State Respondents No. 8 to 10. As is usual, under such circumstances, all the co-owners had executed the power of attorney in favour of the non-State Respondent No.8 to 10. The power of attorney was executed on November 29, 2010. A plan for building was sanctioned by the Respondent Kolkata Municipal Corporation on the basis of such power of attorney. Such plan was sanctioned on June 14, 2011 pursuant to amalgamation of the premises. At paragraph 23, the writ petitioner has alleged that after the execution of the power of attorney two of the co-owners died. The dates of their deaths have not been mentioned in the























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