PURNENDU SEKHAR BIRING Vs. GOVT. OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
PURNENDU SEKHAR BIRING
Govt. Of West Bengal And Ors.
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Bhagabati Prasad Banerjee, J. -
(1.)This is an appeal against the judgment dated Dec. 22,1989 passed by the learned Trial Judge in C. O. No. 12193(w) of 1988, dismissing the writ application. The question involved in this appeal is whether the Pradhan of a Gram Panchayat could put barricades on a public road which is maintained by the Panchayat for preventing the plying of trucks for carrying brick loads on the Morum Road from Chatradhara to Samudrapur.
(2.)The facts of this case is that the appellant is the owner of) brick field at Gamartalia in Sabajpur in the the District of Midnapore arc carrying on the business of the manufacturing bricks for a pretty long time. The petitioner also paid royalty for the said business.
(3.)Oo Dec. 12, 1980, the petitioner obtained a permission from the District Engineer for plying trucks for carrying bricks. Oi Feb. 8,1981, the appellant obtained permission to ply trucks for carrying brick loads on the said Morum Road on condition that to petitioner would have to give an undertaking for getting the said road repaired at his own cost in case of damage and he complied with the conditions laid down in this behalf by the letter dated Aug. 17, 1988.
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