BHARAT DAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-3-70
HIGH COURT OF CALCUTTA
Decided on March 18,2013

BHARAT DAS Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 20th February, 2013 passed by a learned Judge of this court whereby and whereunder the said learned Judge finally dismissed the writ petition on the ground of maintainability.
(2.) Going through the records we find that the Principal Secretary, Panchayats and Rural Development Department, Government of West Bengal by the order dated 26th March, 2012 empowered the District Magistrate, North 24-Parganas and the Executive Officer, North 24-Parganas to execute and implement certain directions. The said order of the Principal Secretary, Panchayats and Rural Development Department, Government of West Bengal is set out hereunder: " Government of West Bengal Panchayats & Rural Development Department 63, N.S. Road, Jessop Building, Kolkata 700 001 No. 1959/PN/O/I/3B-2/2012 Dated: 26/03/2012 O R D E R In view of the persistent default in effective functioning of the North 24-Parganas Zilla Parishad and in exercise of power conferred in terms of Section 212 of the West Bengal Panchayat Act, 1973, the Governor is pleased hereby to empower the District Magistrate, North 24-Parganas and Executive Officer, North 24-Parganas Zilla Parishad to execute and implement on behalf of the Zilla Parishad all the schemes out of the Central and State Government funds, to release the respective shares of funds earmarked for Panchayat Samitis, Gram Panchayats and Municipalities, as the case may be, as well as to make payment of salary, wages and all other office expenses in the public interest by utilizing the service of officials of the North 24-Parganas Zilla Parishad until further order. By order of the Governor Sd/- Principal Secretary to the Government of West Bengal No.1959/1(5)PN/O/I/3B-2/2012 Dated: 26/03/2012 "
(3.) The appellant-petitioner herein being the Sabhadhipati of the North 24-Parganas Zilla Parishad filed a writ petition challenging the validity and/or legality of the aforesaid order issued by the Principal Secretary, Panchayats and Rural Development Department, Government of West Bengal on several grounds.;


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