Jagannath Pakhira @ Jagonnath Das vs Asit Baran Chandra @ Asit Ranjan ...
2023 Latest Caselaw 6282 Cal

   D/L
Item No. 01
19.09.2023
 KOLE

                               MAT 1764 of 2023
                                    With
                               IA CAN 1 of 2023

                    Jagannath Pakhira @ Jagonnath Das
                                 -Vs.-
              Asit Baran Chandra @ Asit Ranjan Chandra & Ors.


              Mr. Bratin Kumar Dey,
              Mr. A. Banerjee,
              Mr. M. Pramanik,
                                                          ... for the appellant.

              Mr. Pinaki Dhole,
              Mr. P. S. Sen,
                                                              ... for the State.


                      The appellant assails a judgment and order dated

               August 30, 2023, whereby the writ petition of the

               respondent no. 1 herein was disposed of by a learned Single

Judge of this Court.

The writ petitioner had complained of illegal

construction on the part of the present appellant. The

learned Judge has directed the concerned Sub-Divisional

Officer to conduct a spot inspection upon prior notice to all

necessary parties and to take further action, if necessary.

We see that the appellant was not represented before

the learned Single Judge on the day the matter was disposed

of. Learned Advocate for the appellant says that for medical

emergency, learned Advocate for the appellant who was the

respondent no. 8 in the writ petition, had to leave court

urgently on August 30, 2023, when the writ petition was

disposed of. He says that the appellant has a sanctioned

building plan in respect of the impugned construction.

We are not inclined to enter into the merits at all. If

the appellant is so advised, he may approach the learned

Single Judge with an appropriate application, in accordance

with law, explaining his absence on the day the matter was

disposed of by the learned Single Judge.

We see no reason to interfere with the order under

appeal.

The appeal and the connected application are,

accordingly, disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

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