Swapan Kumar Choudhdury vs The State Of West Bengal & Ors
2022 Latest Caselaw 6693 Cal

   D/L
Item No. 6
16.09.2022
 KOLE
                              FMA 208 of 2022
                                   With
                            IA No. CAN 2 of 2021

                      Swapan Kumar Choudhdury
                                   -Vs.-
                      The State of West Bengal & Ors.


             Mr. L. R. Mondal
                                                        ... for the appellant.

             Mr. Malay Singh,
             Mr. A. D. Jana,
                                                            ... for the State.

             Mr. Bhagbat Chaudhuri,
             Mr. D. Kr. Sadhu,
                                                ... for the respondent no. 3.

Mr. Navanil De, Mr. R. Ghosh, ... for the respondent nos. 6 to 9.

The appellant's writ petition was dismissed by the

impugned judgment and order dated March 5, 2021.

The appellant had approached the learned Single

Judge with the grievance that the concerned Panchayat was

not justified in sanctioning a plan in favour of a stranger

transferee of undivided share in the property in question

without obtaining consent of the appellant who is also a co-

owner of the same property. The learned Single Judge

opined that the title to the property in question is disputed.

Such dispute cannot be resolved by the writ court. The writ

petition was dismissed.

No affidavits were called for by the learned Judge.

We are of the view that the respective stand of the

respondents should be on record. Let affidavit in opposition

to the stay application be filed within one week after the puja

vacation. Reply thereto, if any, be filed within a week

thereafter.

List the matter on 21.11.2022 under the heading

"Hearing".

The interim order of status quo that was passed on

September 8, 2022, shall continue till the end of November,

2022 or until further orders whichever is earlier.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)