Prasanta Kumar Hait and Ors. Vs State of West Bengal and Others (Calcutta High Court)
Summary: The Calcutta High Court considered CAN 4 of 2022, an application seeking recall of its order dated 17 August 2022 dismissing MAT 1292 of 2022. The application was filed by one of the respondents in the original writ petition, who contended that the learned Single Judge lacked jurisdiction to decide WPA 19381 of 2019 on 14 January 2021. According to the applicant, the Single Judge was assigned matters relating to panchayats, whereas the writ petition should have been classified as a residuary matter under Group IX. Relying on the Supreme Court decisions in United India Insurance Co. Ltd. vs. Rajendra Singh and Others, State of Uttar Pradesh and Others vs. Neeraj Chaubey and Others, and State of Punjab vs. Davinder Pal Bhullar & Ors., the applicant argued that an order passed by a Bench without the appropriate determination was without jurisdiction and should be recalled.
The High Court examined the nature of the original writ petition and found that it challenged a notice dated 30 August 2019 issued by the Gram Panchayat concerning alleged illegal construction on land. The Single Judge had disposed of the writ petition with directions to prevent encroachment upon PWD land. Under the rules governing applications under Article 226, Group V expressly included matters concerning municipalities, cooperative societies and panchayats. The Court therefore held that the Single Judge had the requisite determination and that the Supreme Court authorities relied upon by the applicant did not assist the jurisdictional objection. It further observed that MAT 1292 of 2022 had been filed by persons who were not parties to the original writ petition and concerned a consequential notice issued under Section 10(1) of the West Bengal Highways Act, 1964. The Division Bench had already examined the validity of that notice before dismissing the appeal. Finding no grounds to recall its earlier decision, the High Court rejected CAN 4 of 2022, leaving the dismissal of MAT 1292 of 2022 undisturbed.
Cases Discussed
- United India Insurance Co. Ltd. vs. Rajendra Singh and Others – AIR 2000 SC 1165. Relied upon by the applicant in support of the recall application and the contention regarding the validity of an order passed without jurisdiction.
- State of Uttar Pradesh and Others vs. Neeraj Chaubey and Others – (2010) 10 SCC 320. Cited by the applicant concerning the jurisdiction and determination of a Bench.
- State of Punjab vs. Davinder Pal Bhullar & Ors. etc. – Criminal Appeal Nos. 753-755 of 2009, Supreme Court order dated 7 December 2011. Relied upon by the applicant in support of the contention that an order passed by a Bench lacking determination is non est.
FULL TEXT OF THE ORIGINAL JUDGMENT/ORDER OF CALCUTTA HIGH COURT
This Court by order dated 17th of August, 2022 had dismissed MAT 1292 of 2022.
CAN 4 of 2022 has been filed by one of the respondents in the writ petition seeking recall of the above order of this Court dated 17th of August, 2022.
Submission of learned counsel for the applicant is that learned Single Judge while passing the order dated 14th of January, 2021 in WPA 19381 of 2019 was having the determination to hear the writ petition relating to panchayats whereas the writ petition in question was falling under the Residuary Matter in Group-IX, therefore, order of the learned Single Judge was without jurisdiction. In support of his submission, he has placed reliance upon the judgments of the Hon’ble Supreme Court in the matter of United India Insurance Co. Ltd. vs. Rajendra Singh and Others reported in AIR 2000 SC 1165, in the matter of State of Uttar Pradesh and Others vs. Neeraj Chaubey and Others reported in (2010) 10 SCC 320 and the order of the Hon’ble Supreme Court dated 7th of December, 2011 in the matter of State of Punjab vs. Davinder Pal Bhullar & Ors. etc. in Criminal Appeal Nos. 753-755 of 2009.
Having heard the learned counsel for the applicant and on perusal of the record, it is noticed that the writ petition was filed before the learned Single Judge challenging the notice dated 30th of August, 2019. It was a notice issued by the Gram Panchayat informing the writ petitioner that he was raising an illegal construction on the illegal land. Learned Single Judge by order dated 14th of January, 2021 had disposed of the petition with certain direction to ensure that there is no encroachment of the PWD land. In the Rules relating to application under Article 226, under Group-V matters relating to municipalities, cooperative societies and panchayats are included. Hence, learned Single Judge had the determination to hear the writ petition. Hence, the applicant is not entitled to the benefit of the judgments he is relying upon in respect of non est nature of the order passed by a Bench having no determination.
We also find that MAT 1292 of 2022 was filed by persons who were not a party in the writ petition and the appellants had questioned consequential action of issuance of notice under Section 10(1) of the West Bengal Highways Act, 1964 and therefore, this Court had examined the correctness of the said notice and dismissed the appeal.
In the above circumstances, no case is made out to recall the order of this Court dated 17th of August, 2022 passed in MAT 1292 of 2022.
CAN 4 of 2022 is accordingly rejected.
