JUDGEMENT
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(1.) Tarun Kanti Adhikary v. State of West Bengal and Ors. (In Re: W.P. No.1096 (W) of 2013) .
(2.) The appellants were the respondent Nos. 8, 9 and 10 in the above writ application. The operative portion of the above order is quoted below:
The admitted position is that the order revoking the sanction dated March 26, 2013 issued by the Vice-Chairman of the Municipality is vitiated by an incurable jurisdiction error. He had no authority to issue the order.
For these reasons, I dispose of the WP ordering as follows.
The of the Vice-Chairman of the Municipality dated March 26, 2013 revoking the sanction is hereby set aside. No cost. Certified Xerox.
Sd/-
Jayanta Kumar Biswas, J.
(3.) While delivering the impugned judgment, the learned Single Judge took into consideration the facts and circumstances as follows:
A building plan was sanctioned by the respondent-Municipality in favour of the respondent No.1/writ petitioner bearing No.7(7)/RB dated 02/11/12 for construction of a building on the plot of land lying and situated at Sakshi Gopal Para in Plot No.13028, Mouza-Bishnupur, Municipality-Bishnupur, J.L. No. 100, Khatian No.4523, District-Bankura. The appellants submitted letter of objection to the respondent-Municipality alleging encroachment of the portion of adjacent Rasta lying and situated in LR Plot No.13040, L.R. Khatian No.13481, Mouza-Bishnupur.;
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