Uttam Kumar Biswas And ANR v. Prabhakar Mayra

14.12.2023 (D/L-120) Ct.-24 (Susanta) C.P.A.N. 1430 of 2022 In W.P.A. 11319 of 2022 Sri Uttam Kumar Biswas & Anr.

-Vs- Prabhkar Mayra Mr. Uttam Kumar Biswas, .... The Petitioner No.1 (In person).

Mr. Kingsuk Mondal, .... For the Contemnor.

Mr. Uttam Kumar Biswas, the petitioner No.1 appears in person.

The inspection has been conducted in presence of the petitioner and the Surveyor, Engineer of the Gram Panchayat and a report has been placed before this Court.

The petitioner submits that the inspection was conduced by a Surveyor, who is not a Surveyor of the Land Department and accordingly, the measurement made by him cannot be relied upon.

The entire inspection has been video recorded.

It appears from the submission made on behalf of both the parties and upon perusal of the materials on record that there are several disputed questions of facts involved. The same

cannot be looked into in the contempt jurisdiction.

It will be open for the petitioners to apply before the appropriate forum for necessary relief, if permissible in law.

The contempt application stands disposed of.

The personal appearance of Mr. Biswajit Saha, Pradhan of Raidighi Gram Panchayat and Uttam Kumar Tanti, Surveyor of Raidighi Gram Panchayat are dispensed with.

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

(Amrita Sinha, J.)