Gopal Sahoo v. Mrs Juthika Pal And ANR

Item No.332 In The High Court At Calcutta Special Jurisdiction Appellate Side 31.03.2022 Ct-24 WPCRC 66 of 2021 Gopal Sahoo v.

Mrs. Juthika Pal & Anr.

in WPA 5008 of 2020 Ms. Pampa Dey (Dhabal) Mr. Amanul Islam Ms. Sabera Khatun Mr. Krishna Deo Das ... for the petitioner.

Mr. Sadhan Kumar Halder Mr. Arun Khutia ... for the contemnor no. 1.

Mr. Jaharlal Dey Mr. Amrita Lal Chatterjee ... for the contemnor no. 2.

Exception to the report filed by the petitioner in Court today is taken on record.

It appears from the report in the form of affidavit filed by the alleged contemnor no. 1 that the alleged contemnor enquired into the matter in compliance of the direction passed by the Court.

The Prodhan on one hand mentions that after thorough enquiry it has been learnt that no new construction has been made on the plot as mentioned by the petitioner, but on the other hand, mentions that the property which has been claimed by the petitioner for

making unauthorized construction could not be identified.

In the exception to the report the petitioner has relied upon a communication issued by the Secretary of the Gram Panchayat wherein it has been mentioned that no permission for construction was issued in respect of the Dag No. 1990/2233, Khatian No. 5709 in favour of Gopal Chandra Das, Khatian No. 6264 in favour of Chandan Manna, Khatian No. 5471 in favour of Tapas Hati and Khatian No. 6266 in favour of Ranjan Manna. It appears that there are several contradictory stands that have been taken by the Prodhan of the Gram Panchayat.

But as it appears that a report has been filed and the order passed by this Court has been substantially complied with accordingly, the Court thinks it fit not to proceed with the contempt application any further. The contempt application, accordingly, stands disposed of.

The petitioner will be at liberty to challenge the report and the action taken by the alleged contemnors before the appropriate forum, if so advised.

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.)