Rabin Naskar And ANR v. State Of West Bengal And ORS.

05.10.2023 s.h.

In The High Court At Calcutta Special Civil Jurisdiction Appellate Side C.P.A.N.859 of 2022 in W.P.A. 5307 of 2022 Rabin Naskar & Anr.

-versus Namita Sanpui & Anr.

Mr. Gora Chand Samanta ...for the petitioners.

Communication made by the Sub-Divisional Officer, Canning, South 24 Parganas addressed to the petitioner, wrongly mentioned as Sri Nabin Naskar instead and in place of Rabin Naskar, is placed on record. It appears therefrom that the matter was duly considered after hearing all the parties. The SubDivisional Officer was of the opinion that there might be a dispute over the identification or demarcation of the plot where the construction is going on.

The Court specifically restrained the respondents to enter into or decide the private disputes amongst the parties. The SDO will not be the competent authority to adjudicate the dispute.

In view of the above, the Court is of the opinion that the order has been complied with to a substantial extent.

There is no requirement of proceeding with the contempt application any further.

The contempt application stands disposed of.

It will be open for the petitioners to approach the competent civil forum for declaration of right, title and interest, if so advised.

Affidavit-of-service field in Court today is taken on record.

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

( Amrita Sinha, J.)