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2022 Supreme(Cal) 1598

ARIJIT BANERJEE, APURBA SINHA RAY
Falguni Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sabyasachi Chatterjee, Adv., Mr. Subhas Chandra Atha, Adv.,
Mr. Sayan Banerjee, Adv., Ms. Payel Paramanik, Adv, Mr. Badrul Karim, Adv.
For the Respondent: Mr. Subhabrata Dutta, Adv., Mr. Sanatan Panja, Adv., Mr. Aranya Saha, Adv., Mr. Lalit Mohan Mahata, Adv., Mr. Prasanta Behari Mahata, Adv., Smt. Falguni Majhi, Adv., Mr. Debnath Ganguly, Mr. Supriyo Dutta, Ms. Aishwarya Pratihar Ganguly, Adv.

JUDGMENT :

Apurba Sinha Ray, J.

1. Being aggrieved and dissatisfied with the Judgment and Order passed in Writ Petition no. 5513 of 2022, the present Appeal has been preferred by the appellant on the grounds, inter alia, that the impugned judgment and order passed by the Hon’ble Single Judge is bad in law and is required to be set aside.

The factual matrix

2. The backdrop of this appeal may be encapsulated as hereunder:

a) One Jagannath Ganguly, being the respondent number 10 herein, preferred one writ petition being number WPA 11714 of 2021 alleging, inter alia, that the present appellant constructed buildings without sanction plan from the concerned authority on an undivided plot in excess of her share and also without having the land converted into bastu. The Hon’ble Single Judge disposed of the said writ petition on 28.03.2021 asking the respondent no.10 herein, to approach the concerned Gram Panchayat Authorities by a fresh application and directing the said authorities to dispose of the said application with reasons after making necessary inspection on the spot and also taking evidence, both oral and written, from the concerned parties.

b) After giving opportunities to the parties,

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