KHARGRAM PANCHAYAT SAMITY & ANR. versus STATE OF WEST BENGAL & ORS.

The power to grant a licence for the holding of a hat/fair under s. 117 of the West Bengal Panchayat Act, 1973 necessarily carries with it the incidental power to specify the day on which such hat/fair shall be held; rules cannot detract from the substantive statutory power.

Parties: Appellant: Khargram Panchayat Samity; Respondent: State of West Bengal; Respondent: Prabartak Parishad; Affected Party: Nagar Quorania Junior High Madrassah
Jurisdiction: India
Judgment Date: 23 April 1987
Procedural Posture: Civil Appeal / Appeal Against Calcutta High Court Judgment Quashing Panchayat Samiti Resolution
Outcome: appeal allowed
Legal Topics: Statutory Powers of Local Authorities, Implied/incidental Powers, Grant of Licence for Fair/hat, Maintenance of Public Peace

Administrative Law Local Government Law Statutory Powers of Local Authorities Implied/incidental Powers Grant of Licence for Fair/hat Maintenance of Public Peace

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2

Parties

Khargram Panchayat Samity

Appellant

State of West Bengal

Respondent

Prabartak Parishad

Respondent

Nagar Quorania Junior High Madrassah

Affected Party

Procedural Posture

Civil Appeal / Appeal Against Calcutta High Court Judgment Quashing Panchayat Samiti Resolution

Legal Issues

1 Whether Panchayat Samiti has incidental power to specify a day for holding a hat/fair when granting a licence under s. 117 of the West Bengal Panchayat Act, 1973

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Judgment and order of the Calcutta High Court quashing the Panchayat Samiti resolution is set aside.
Writ petition dismissed.