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Calcutta High Court (Appellete Side)

Tapan Kr.Laga vs Swapan Kr. Nandy & on 17 November, 2022

Author: Shampa Sarkar

Bench: Shampa Sarkar

Sn 17.11.20222 C.P.A.N. 208 of 2022 48 Arising out of W.P.A.18284 of 2021 TAPAN KR.LAGA VS.SWAPAN KR. NANDY & ANR.

Mr.Bratin Roy Mr.Debjit Mukherjee Ms.Susmita Chatterjee ..for the petitioner Mr. Sudhakar Adak ..for the contemner no.1 Mr. Malay Krishna Dey Mr. M.M.Raha..for the contemner no.2 Learned Advocate for the alleged contemner has handed over a copy of the order passed by the Executive Officer, Arambag municipality, inter alia, holding that the construction was made in accordance with the plan.

Learned advocate for the writ petitioner/applicant submits that neither any opportunity of hearing was provided nor any inspection had been made.

The order indicates that the petitioner was called for a hearing but the petitioner did not co-operate. It also appears that the inspection report was prepared by the Amin and a representative of the Chairman of the Arambagh municipality.

Under such circumstances, affidavit 2 of compliance along with documents which would indicate that the order of this Court had been complied with shall be filed.

The police authorities shall also file a compliance report in the form of a affidavit.

Let this matter appear in the daily supplementary cause list on January 19, 2023 under the same heading.

(Shampa Sarkar,J.) 3 4