Calcutta High Court (Appellete Side)
Paschim Banga Gramin Bank vs The State Of West Bengal & Ors on 19 January, 2023
19.01.2023
Item No.8.
Court No.6.
AB
M.A.T. 1973 of 2022
With
IA CAN 1 of 2022
IA CAN 2 of 2022
IA CAN 3 of 2022
Paschim Banga Gramin Bank
Vs
The State of West Bengal & Ors.
Mr. Baidurya Ghosal ....for the Appellant.
Mr. Raja Saha,
Mr. Prantick Ghorai .....for the State.
By consent of the parties, the appeal and the
applications are taken up for hearing together.
Affidavit of Service filed in Court today, be kept
with the records. In spite of service, the writ petitioner
is not represented.
In re : CAN 3 of 2022
This is an application for leave to appeal against
a judgment and order dated January 14, 2021,
whereby WPA No.19381 of 2019 was disposed of. The
present applicant was not a party to the writ petition.
However, it says that the order impugned in the
appeal, if implemented, will adversely affect the
interest of the applicant.
We find some substance in the submission made
on behalf of the applicant. This application is allowed.
2
Leave is granted to the applicant to prefer appeal
against the judgment and order dated January 14,
2021.
CAN 3 of 2022 stands disposed of.
In re : CAN 2 of 2022
This is an application for condonation of delay of
666 days in filing the appeal. Causes shown being
sufficient, the delay is condoned.
I A CAN 2 of 2022 is, accordingly, disposed of.
In re : MAT 1973 of 2022, IA CAN 1 of 2022
It appears that the writ petitioner approached
the learned Single Judge with a grievance that a shop
room has been constructed on PWD land by
encroaching on the same and the Pradhan of the
concerned Gram Panchayet was in the process of
handing over such shop room to the respondent no.7
in the writ petition. A further grievance of the writ
petitioner seems to have been that the Pradhan was
interfering with the repairing work of the writ
petitioner's shop room.
The learned Judge disposed of the writ petition
with the following direction:
"The instant writ petition is disposed of by
directing the Block Development Officer, Pursurah to
take all necessary steps to ensure that there is no
encroachment of the PWD land in and around the
area which has been mentioned by the petitioner in
his representation and in the writ petition. All
necessary steps shall be taken by the said officer
strictly in accordance with law upon notice to all the
necessary parties within a period of four months from
the date of communication of a copy of this order. The
said respondent shall communicate the action taken
report to all the necessary parties, including the
petitioner."
Learned Advocate for the appellant says that the
Bank is operating from the concerned premises since
1988. It has approximately 18000 constituents
including 7000 farmers and 4000 self-help groups.
The Bank says that the order under challenge
should not in any manner affect the premises from
where the Bank is operating. However, in the event it
is indicated by the Competent Authority that the Bank
is encroaching on any portion of PWD land, the Bank
will take steps to see that such encroachment is
removed. If necessary, the Bank will relocate its
business at some other place.
If the Competent Authority points out to the
Bank any encroachment and the extent of it, the
Bank, in whatever manner it deems fit, shall ensure
removal of such encroachment within a period of four
months from the date of the encroachment being
pointed out to the Bank.
No useful purpose will be served in keeping the
appeal pending.
Since we have not called for affidavits, the
allegations in the stay application are deemed not to
be admitted by the respondents.
M.A.T. No.1973 of 2022 is, accordingly, disposed
of along with IA CAN 1 of 2022.
Urgent photostat certified copy of this order, if
applied for, be supplied expeditiously after compliance
with all the necessary formalities.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
