Calcutta High Court

FAT/48/2026 of MADHAB ADAK AND ORS. Vs THE OFFICER-IN-CHARGE, PHED AND ORS. on 8 September 2026

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8, 2026. MNS. FAT No. 48 of 2026 + CAN 1 of 2026 + CAN 2 of 2026 Madhab Adak and others Vs. The Officer-in-Charge, Public Health and Engineering Department and others Mr. S. T. Mina, Ms. Busra Khatun, Advs. … for the appellants. Mr. Arik Banerjee, Adv. …for the respondent no.

D/L. 31.

September 8, 2026.

MNS.

FAT No. 48 of 2026

+

CAN 1 of 2026

+

CAN 2 of 2026

Madhab Adak and others

Vs.

The Officer-in-Charge, Public Health

and Engineering Department and others

Mr. S. T. Mina,

Ms. Busra Khatun, Advs.

… for the appellants.

Mr. Arik Banerjee, Adv.

…for the respondent no. 2.

Mr. Sabyasachi Mukhopadhyay,

Mr. Sarbajit Choudhuri,

Mr. Abhirup Das, Advs.

…for the respondent no. 3.

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1. Learned counsel appearing for the respondent no. 3, at the outset, points out that the appeal has been preferred against an order (deemed decree) passed by a learned learned Civil Judge (Junior Division) and the valuation of the appeal is only Rs.100/-.

2. As such, the appeal ought to have been preferred before the concerned District Judge.

3. Upon perusal of the papers, we find substance in such contention.

4. Accordingly, CAN 1 of 2026 as well as FAT No. 48 of 2026 and CAN 2 of 2026 are dismissed due to lack of pecuniary jurisdiction, with liberty to the appellants to

2 prefer an appeal before the competent forum, having pecuniary jurisdiction to take up the same, against the present impugned order (deemed decree).

5. Liberty is given to the learned Advocate-on-record for the appellants to take back the certified copy of the impugned order (deemed decree), for the purpose of presentation of the appeal before the appropriate forum, upon furnishing a photocopy of the same for the records.

6. There will be no order as to costs.

(Sandip Kumar De, J.) (Sabyasachi Bhattacharyya, J.)

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