- (1.)Assailing the order dated 26th July, 2012 passed by the learned trial Judge in W.P. No. 8768 (W) of 2011, this appeal has been preferred. A very short question is involved about interpretation of sub-rule (3) of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. Learned Trial Judge dismissed the writ application on the ground that the Pradhan of the concerned Gram Panchayat refused to sanction the building plan. In view of the very tenor of the judgment under appeal, we are of the view that the appeal can be taken up for final hearing along with the application for stay.
(2.)Service of notice of appeal and all other formalities stand dispensed with.
(3.)The issue cropped up in respect of sanction of a building plan. Admittedly the writ petitioner-appellant filed an application for sanction of a building plan under Section 23 of the West Bengal Panchayat Act, 1973 read with sub-rule 1 of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration Rules, 2004 hereinafter for brevity referred to as 'the said Act' and 'the said Rules' respectively). An enquiry was made with reference to the application praying for sanction of a building plan. It is the case of the appellant-petitioner that no communication was made refusing sanction of building plan. Learned Trial Judge called for a report from Pradhan of the concerned Gram Panchayat. He filed a report contending inter alia, that application was enquired into by the competent officer who found many defects which were endorsed in the back of the report. To cure defect the writ petitioner-appellant was asked to appear but he did not.