Pradhan, Kanduah Gram Panchayat vs Niva Bachar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 675

ARIJIT BANERJEE, APURBA SINHA RAY
Pradhan, Kanduah Gram Panchayat – Appellant
Versus
Niva Bachar – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. Anjan Bhattacharya, Adv., Ms. Anita Shaw, Adv., Ms. T. Khatun, Adv.
For the Respondent: Mr. Jahar Lal De, Adv., Mr. Abdus Salam, Adv.
For the Respondent: Ms. Mekhla Sinha, Adv., Mr. I. N. Mukherjee, Adv., Mr. D.K. Chandra, Adv.

JUDGMENT :

Apurba Sinha Ray, J.

1. Being aggrieved by and dissatisfied with the judgment and order dated 28.06.2019 passed in W.P. No. 27010(W) of 2017 and W.P. No. 21210(W) of 2015 the appellant has filed the instant appeal on the grounds, inter alia:-

a. that the Learned Single Judge erred in law and in fact, in passing the impugned order,

b. that the Learned Single Judge has failed to appreciate that the writ petitioner/respondent read upto Class-IV as on 10.12.1990,

c. that the Learned Single Judge has failed to appreciate that in the year 1998, the writ petitioner/respondent had filed a writ petition being WP No. 9546 (W) of 1998, by which this Hon’ble Court was pleased to direct the State respondents to consider the prayer of the petitioner for absorption,

d. that the Learned Single Judge has failed to appreciate that a second writ petition was filed being No. 5964(W) of 2006 in which on 20.02.2009 this Hon’ble Court was pleased to direct the respondents to reconsider the case of the petitioner afresh by quashing the order of the Sub-Divisional Officer, Howrah which was passed against the petitioner nullifying her absorption and was a subject matter of challenge in WP No. 5964(W) o