Prasanta Kumar Hait And Ors vs The State Of West Bengal And Others
2022 Latest Caselaw 8050 Cal

December 5, 2022
Item No. 12
Court No.1
PA(RB)
                                     IA NO: CAN/4/2022
                                             in
                                       MAT/1292/2022

                                Prasanta Kumar Hait and Ors.
                                             vs.
                             The State of West Bengal and Others

                   Mr. Rabindra Narayan Dutta,
                   Mr. Debasis Sur,
                   Mr. Hare Krishna Halder,
                   Mr. Himadri Sekhar Paul
                   Ms. Piyeta Bhattacharjee,
                   Mr. Debottam Das, Advocates
                                                        ... for the Applicant
                   Mr. Prosenjit Mukherjee,
                   Mr. Arghya Kamal Das, Advocates
                                       ...for the Respondents/Appellants.

MrJahar Lal De, Mr. Supratim Dhar, Advocates ... for the State Mr. Gautam Banerjee, Advocate ... for the respondent no. 5

This Court by order dated 17th of August, 2022 had

dismissed MAT 1292 of 2022.

CAN 4 of 2022 has been filed by one of the

respondents in the writ petition seeking recall of the

above order of this Court dated 17th of August, 2022.

Submission of learned counsel for the applicant is

that learned Single Judge while passing the order dated

14th of January, 2021 in WPA 19381 of 2019 was having

the determination to hear the writ petition relating to

panchayats whereas the writ petition in question was

falling under the Residuary Matter in Group-IX, therefore,

order of the learned Single Judge was without

jurisdiction. In support of his submission, he has placed

reliance upon the judgments of the Hon'ble Supreme

Court in the matter of United India Insurance Co. Ltd.

vs. Rajendra Singh and Others reported in AIR 2000

SC 1165, in the matter of State of Uttar Pradesh and

Others vs. Neeraj Chaubey and Others reported in

(2010) 10 SCC 320 and the order of the Hon'ble

Supreme Court dated 7th of December, 2011 in the

matter of State of Punjab vs. Davinder Pal Bhullar &

Ors. etc. in Criminal Appeal Nos. 753-755 of 2009.

Having heard the learned counsel for the applicant

and on perusal of the record, it is noticed that the writ

petition was filed before the learned Single Judge

challenging the notice dated 30th of August, 2019. It was

a notice issued by the Gram Panchayat informing the writ

petitioner that he was raising an illegal construction on

the illegal land. Learned Single Judge by order dated 14th

of January, 2021 had disposed of the petition with

certain direction to ensure that there is no encroachment

of the PWD land. In the Rules relating to application

under Article 226, under Group-V matters relating to

municipalities, cooperative societies and panchayats are

included. Hence, learned Single Judge had the

determination to hear the writ petition. Hence, the

applicant is not entitled to the benefit of the judgments

he is relying upon in respect of non est nature of the

order passed by a Bench having no determination.

We also find that MAT 1292 of 2022 was filed by

persons who were not a party in the writ petition and the

appellants had questioned consequential action of

issuance of notice under Section 10(1) of the West Bengal

Highways Act, 1964 and therefore, this Court had

examined the correctness of the said notice and

dismissed the appeal.

In the above circumstances, no case is made out to

recall the order of this Court dated 17th of August, 2022

passed in MAT 1292 of 2022.

CAN 4 of 2022 is accordingly rejected.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]