Kanailal Chakraborty & ANR v. Mainak Banerjee & ORS

77.

19.03.2021 S.D.

CPAN 408 of 2020 Kanailal Chakraborty & Anr.

Vs.

Mainak Banerjee & Ors.

(Via video conference) Mr. Arif. Ali Mr. S. Bhattacharjee ...For the Applicants.

Mr. Lalit Mohan Mahata, Sr. Govt. Adv., Mr. Prasanta Behari Mahata ...For the O.C., Bishnupur Police Station.

It is submitted on behalf of the alleged contemnors that the order impugned has been complied with and the report of Mainak Banerjee, Inspector-in-Charge, Bishnupur Police Station dated 19.3.2021 is submitted which reflects that the Officer-in-Charge has assisted the Joint Receivers in the matter of collection of rent and profits out of the property belonging to the deity/plaintiff no. 1 on 13.3.2021 at 11:30 a.m. and accordingly in view of compliance of the said order passed by this Court on 5.3.2021 following steps had been taken to execute the same.

i.) On 12.03.2021 message was sent for police arrangement to execute the matter with strength of SI/ASI-05, Constable - 12, RAF - 01 Section, L/Constable - 02.

ii.) On 12.03.2021 another message was sent to S.D.O., Alipore, South 24 Parganas with a

request to deputing Magistrate during complying the order of Honorable High Court, Calcutta in c/w above case.

iii.) On 12.03.2021 message was received from S.D.O. Alipore, Sadar and after perused found that Sri Subir Dandapat, W.B.C.S. (Executive) B.D.O., Bishnupur-I, Executive Magistrate was deputed to perform the magisterial duty.

iv.) On 13.03.2021 at 10.45 hrs sufficient number of officer and force (Officer-05, L/Constable - 02, Constable - 05, RAF - 10) was deployed vide (Bishnupur PS GDE No. 1022 Dt. 13.03.2021, CC No. 776/21 Dt. 13.03.2021) and moved along with the joint receiver namely Kripa Sindhu Chakraborty S/O Kanailal Chakraborty and Rabindra Nath Chakraborty S/O Ruma Chakraborty both of Village - Raghabpur, Post Office - Nepalgunj, Police Station - Bishnupur, District - South 24 Parganas for Nepalgunj Hat for assist the joint receiver in the matter of collection of rents and profits.

v.) On 13.03.2021 at 11:25 hrs we reached at Nepalgunj Hat property comprised of R.S. Dag No. 277, R.S. Khatian No. 458, under Khatian No. 433 of Mouza Raghabpur, and started execution. The joint receivers collected rents @ Rs.5 from 160 number of shopkeepers in assistance with above mentioned police personnel peacefully. After peaceful collection the joint receiver gave written deposition in respect of their satisfaction and compliance of order of Honorable High Court, Calcutta."

Learned Advocate appearing on behalf of the petitioner is also present and submits that the contemnors have complied with the order passed by the Civil Court. Accordingly, the application being CPAN 408 of 2020 is disposed of.

No order as to costs.

Urgent certified copies of this order, if applied for, be given to the parties upon compliance of the usual formalities. (Shivakant Prasad, J.)