SHEFALI MANDAL Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-2-377
HIGH COURT OF CALCUTTA
Decided on February 15,2012

Shefali Mandal Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

BISWANATH SOMADDER,J. - (1.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant application, it appears that the writ petitioner has approached this Court in a second round of litigation. Earlier, her husband had approached this Court by filing a writ petition, being WP No. 12911 (W) of 2002, which was disposed of on 11th November, 2002. By virtue of the said order dated 11th November, 2002, the entire matter was taken up for consideration by the Director of Panchayats and Rural Development, Government of West Bengal, being the respondent no. 2 herein. An order was passed by the respondent no. 2, which is the main subject-matter of challenge in the instant writ petition.
(2.) Perusing the impugned order dated 28th July, 2003, it appears that the said order is supported with cogent reasons and has been rendered in conformity with the earlier order of this Court dated 11th November, 2002.
(3.) The writ court ought not to transpose itself as an appellate authority when a particular authority has performed its obligation to abide by the specific directions given by the Court and rendered a decision in the matter supported with cogent reasons. The discretionary jurisdiction of this Court under Article 226 of the Constitution of India ought not to be invoked in such cases, unless of course, the decision so rendered by the concerned authority was palpably wrong or arbitrary or perverse or smacked of malafide motive or had been rendered without adhering to the specific directions given by the Court.;


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