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2022 Supreme(Cal) 342

ARIJIT BANERJEE, RAI CHATTOPADHYAY
Damodar Prasad Agarwal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Partha Chakraborty. Ms. Sharmistha China., for the Appellant; Mr. Samrat Sen, ld. AAAG., Mr. Nilotpal Chatterjee., Mr. Satyajit Talukdar, Mr. Abhishek Sarkar., for the Respondent

JUDGMENT

Rai Chattopadhyay, J. - The sole appellant, since deceased, has been substituted by his legal heirs, vide this court's order dated 08.06.2022.

2. The appellant/substituted appellants are aggrieved by the action of the respondent authority in cancelling the allotment of a plot granted in favour of the appellant, since deceased, on December 12, 1996, on the ground of non fulfilment of the stipulated conditions of agreement and challenged the cancellation order in the Court of Ld. Single Judge. However, Ld. Single Bench has not allowed the prayer of the appellant/writ petitioner and dismissed the writ petition, vide judgment and order dated February 10, 2022. The appellants are aggrieved by that order of Ld. Single Bench and have challenged the same in this appeal.

3. The questions that fall for consideration by this appeal court are whether the Ld. Single Judge was justified in coming to the findings in the order impugned; whether or not by the purported action, the respondent authorities have infringed any legal or constitutional right of the appellants which was required to be remedied by an order of the court; whether in the decision making process, Ld. Single Judge has fail

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