Prannath Mondal v. Esrail Molla Alias Moyna Prodhan

08.08.2024.

Sl. No.37 Ct. No.14.

AGM In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPCRC 111 of 2023 In WPA 4577 of 2021 Prananath Mondal Vs Esrail Molla @ Moyna Prodhan & Anr.

Mr. Sudhangshu Nath.

......for the petitioner.

Mr. Abninav Rakshit.

......for the alleged contemnors.

A report has been forwarded by the Pradhan of the Gram Panchayat signed on 7th August, 2024 stating that the construction in question has been constructed by the side of the PWD road and not over the plot of land that is classified as doba.

The petitioner disputes the aforesaid contention. The Court vide order dated 13th April, 2021 directed the Pradhan of the Gram Panchayat to consider the application filed by the petitioner alleging illegal and unauthorised construction. The application has since been considered and disposed of.

The petitioner is aggrieved by the manner in which the application has been dealt with.

I am afraid that the Court sitting in the contempt jurisdiction will not be the competent forum to adjudicate the manner in which the order has been complied with by the contemnor.

It will be open for the petitioner to approach the competent forum for relief if he intends to challenge the action of the contemnor.

The contempt application stands disposed of.

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

(Amrita Sinha, J.)