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Calcutta High CourtCPAN/367/2022disposed

Mohammed Zafar v. Dhaval Jain And ANR

2023-02-09Hon'Ble Justice Shampa Sarkar2 pages

9.2.2023 Court No.19 Sl.no41 sn CPAN 367 of 2022 In W.P.A. 1236 of 2022 Mohammed Zafar Vs.

Dhabal Jain & Anr.

Mr. Jaydeep Biswas ..for the applicant Mr. Sandipan Banerjee Mr. Ankit Sureka Ms. Utsa Dutta Ms. Kalpita Paul ..for the alleged contemnor The Corporation had already directed the respondent no. 9 to provide water connection to the petitioner as early as possible. Such order was issued on May 5, 2022.

The learned advocate for the applicant submits that such order was not communicated to the applicant and the water supply has not yet been restored.

The Corporation had complied with the order of this Court. Remedy of the petitioner for further implementation and other available course under the law is left open to be agitated before the appropriate fora.

The other prayer of the applicant that the Corporation be directed to implement its own order cannot be allowed in this proceeding. The civil suit is pending between the petitioner and the landlord/respondent no.9 and the dispute hereunder is between the landlord and tenant.

Liberty is granted to the applicant to approach the Corporation for implementation of the order, in accordance with law.

This Court has not gone into the merits of the claims of the applicant in this contempt application. The contempt proceedings are dropped.

The contempt application is disposed of.

(Shampa Sarkar, J.)