LAWS(CAL)-2021-11-28

NIRANJAN MAITY Vs. STATE OF WEST BENGAL

Decided On November 17, 2021
Niranjan Maity Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is directed against the order dated 04.09.2019 whereby the learned Single Judge has dismissed WP. No. 16234(W) of 2019 by imposing cost.

(2.) On the examination of the record, we find that the writ petition was filed by the appellant with the prayer to direct the official respondent to demolish the unauthorized illegal encroachment on vacant land on the roadside of the National Highway No. 116B, Nandakumar to Digha Road. There is an allegation that private respondents have encroached upon the said roadside vacant land.

(3.) When the matter was taken up on 04.09.2019, the learned Single Judge found that the appellant had not served the respondents in entirety as on opening of the envelopes in the Court by learned Counsel for the private respondents, it was found that the envelope did not contain the entirety of the writ petition. Learned Single Judge found it to be a sharp practice and dismissed the petition with cost of Rs. 1 lakh to be paid by each of the appellant to the State Legal Services Authority, Kolkata.