Deba Prasad Nag v. Dr. Pallab Das

Item No.246 In The High Court At Calcutta Special Jurisdiction (via video conference) 23.09.2021 Ct-24 CPAN 425 of 2021 Deba Prasad Nag v.

Dr. Pallab Das (arising out of ) WPA 5576 of 2020 Mr. Abhisek Addhya ... for the petitioner.

Mr. Mir. Anuruzzaman ... for the contemnor.

The alleged contemnor, in compliance of the order passed by this Court, inspected the property in question on two occasions. On August 18, 2021 the Executive Officer, Rajpur Sonarpur Municipality has come to a finding that no proceeding can be initiated against Sri Tapan Dey, the owner of the building because there is a very negligible deviation in the construction made by him.

The matter has however been placed before the Chairperson for taking a final decision.

By an order dated August 31, 2021 the Board of Administrators approved the proposal of the Executive Officer in the meeting of the Board of Administrators held on August 31, 2021.

In view of the above, it appears that the order of this Court has been substantially complied with. The learned advocate for the petitioner submits that no copy of the final order has been served upon the petitioner till date.

The learned advocate for the contemnor is directed to immediately hand-over all the relevant documents to the learned advocate appearing for the petitioner. It will be open for the petitioner to initiate appropriate proceeding against the decision taken by the Board of Administrators, if so advised.

The documents handed over by the learned advocate representing the contemnor are retained with the records.

The contempt application stands disposed of.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)