Extracted from the PDF above. The PDF is authoritative.
Item 39 07.07.2026 Court. No. 12
Cp
MAT 224 of 2026 With CAN/1/2026 CAN/2/2026
Dipali Das Vs. The State of West Bengal & Ors.
Mr. Rupayan Deb Ms. Priya Nandy … for the Appellant. Mr. Purnendu Das Mrs. Gitika Mallick … for the respondent no. 6.
Mr. D. N. Ray, Ms. Susmita Saha Datta, Mr. Sourav Halder
….for the State.
1. CAN 2 of 2026, is an application for condonation of delay of 10 days in filing the appeal.
2. Considering the averments in paragraphs 3 to 5 of the said application, we are satisfied that the delay has been explained properly. Accordingly, the delay is condoned.
3. CAN 2 of 2026 is allowed.
4. Let the appeal be regularized.
5. We do not find any reason to interfere with the order impugned dated December 18, 2025, passed in WPA 29217 of 2024. However, we modify the said order to the extent that, if the appellant has any grievance with regard to the construction of the respondent No. 6, being in deviation from the plan which had been
2 sanctioned in favour of respondent no. 6, the appellant’s remedy will be before the competent authority, namely, the Malda Zilla Parishad, which had granted the sanction to the respondent no. 6 to construct the three-storied structure. If the Zilla Parishad is approached, steps shall be taken in accordance with law.
6. Accordingly, the appeal and the connected application being CAN 1 of 2026, are disposed of.
7. Parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)
(Smita Das De, J.)