Jhuma Santra v. State Of West Bengal And ORS.

Item No.237 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.10.2023 Ct-24 WPA 3124 of 2022 Jhuma Santra v.

The State of West Bengal & Ors.

Mr. Debarshi Brahma Ms. Rupsa Sreemani ... for the petitioner.

Mr. Tapas Kumar Mandal Mr. K.P. Mukhopadhyay ... for the Zilla Parishad.

The petitioner alleges illegal and unauthorized construction at the instance of the private respondents violating the order of injunction passed by the learned Civil Court in TS No. 1356 of 2021.

In the objection addressed to the Prodhan-inCharge of the Gram Panchayat dated December 22, 2021 it appears that the petitioner clearly mentioned about the order of injunction and the construction in violation thereto.

After hearing the parties this Court is of the opinion that the Pradhan may not be the competent authority to decide the complaint of the petitioner. As a civil suit is pending consideration in between the private parties where an order of injunction was passed which is alleged to have been violated, it will be open for the petitioner to approach the learned Civil Judge for relief. No further relief can be granted to the petitioner in the instant writ petition.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)