CJ Shrivastava and J Bharadwaj disposed of an appeal challenging a Single Judge's order. Since the order did not direct demolition and the underlying petition was pending, there was no ground for interference.
Appeal disposed of with liberty to raise the issue in the pending petition before the Single Judge.
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48
ss/ssi 22.12.2021
MAT 1364 of 2021 With CAN 1 of 2021
Ajoy Mandal & Ors. Vs. The State of West Bengal & Ors. (Through Video Conference)
Mr. Anindya Lahiri Mr. Suchindram Bhattacharjee
… … for the appellants
Mr. Susovan Sengupta Mr. Manas Sadhu Mr. Bipin Ghosh
… … for the State
By this appeal the order of the learned Single Judge dated 20th December, 2021 passed in CPAN 929 of 2021 in WPA 11608 of 2020 has been questioned.
Submission of learned counsel for the appellants is that against the order of the SDO dated 17.12.2021 the appellants have the remedy of filing an appeal within a period of 15 days and the said period has not expired. Therefore, the demolition could not have been directed. On this premises he has challenged the order passed by the learned Single Judge.
Having examined the order of the learned Single Judge we find that there is no direction in the said order to the authority to carry out the demolition.
The issue which the appellants is raising can very well be raised before the learned Single Judge as CPAN 929 of 2021 has been kept pending and has been fixed for 24th December, 2021.
2
In this view of the matter, we find no reason to interfere in the order of the learned Single Judge.
The appeal is accordingly disposed of, however, with liberty to the appellants to point out the issue in question to the learned Single Judge in the pending petition.
(Prakash Shrivastava, C.J.)
(Rajarshi Bharadwaj, J.)
1 issue framed by the court
Whether the Single Judge's order lacking specific demolition direction requires second appeals adjudication.
Ajoy Mandal & Ors.
The State of West Bengal & Ors.
Prakash Shrivastava
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
