Shri Rajesh Kar v. Dr. Arpita Saha

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CPAN/8/2023 Shri Rajesh Kar Vs.

Dr. Arpita Saha Mr. Arul Prasanth ... for the petitioner February 17, 2023 [SR] Item No.21 Heard Mr. Arul Prasanth, learned counsel for the petitioner.

He submits that he has filed an appeal against the order of eviction passed by the Estate Officer, Port Blair. In the appeal, protection was provided to the petitioner in the form of interim stay of the operation of the order of the Estate Officer.

Despite such order, being in currency, the water tap connection to the Canteen premises has been disconnected on 03.02.2023 without any notice to the petitioner. Being aggrieved by such action of the authority, the petitioner has moved this Court under section 10 of the Contempt of Courts Act, 1971.

In the meantime, however, power has been conferred on Partha Pratim Chakraborthy, Additional District Judge, Andaman and Nicobar Islands, under section 3 of the Andaman and Nicobar Islands Civil Courts Regulation, 1940

and the aforesaid officer is competent to hear civil matters now.

Learned counsel for the petitioner fairly submits that as now the Court, before whom the appeal is pending, is competent to hear civil matters, he wants to approach that Court by filing appropriate petition for redressal of the grievance and he wants to withdraw the present petition with the aforesaid liberty to him.

Regard being had to the facts and submission, CPAN/8/2023 is disposed as withdrawn with liberty to the petitioner to approach the competent Civil Court before whom the appeal is pending for redressal of the grievance. If any such application is filed, the same should be disposed of within two weeks from the date of filing of the petitioner, after giving opportunity of hearing to the parties. ( Chitta Ranjan Dash, J.)