Sangita Jana Das & Anr vs Sukla Das

Rajasekhar Mantha, J

The alleged contemnor is personally present in Court today.

The learned Counsel for the alleged contemnor submits that the order dated November 30, 2018 passed by this Court has been complied with and has

produced a communication dated March 7, 2019. It appears from the communication that the legality of the construction affected on the joint

undivided property of the petitioners and one Asto Das, has not been addressed by the Pradhan of the Duillya Gram Panchayat. Simply an escape

route has been taken by relying on a pending civil suit, being T.S. 91 of 2018, now pending before the learned Civil Judge, 3rd Court, Howrah between

the parties.

It is submitted by the learned Counsel for the petitioners that there is indeed an order of status quo passed in the civil suit against the petitioners and

the private respondent.

This Court notes that the said learned Civil Court’s order is only in the context of the title of the property and the respective shares, if any of the

petitioner and the private respondent. The same does not prevent the Gram Panchayat from ascertaining as to whether any construction made on the

said property is with or without sanction from the Panchayat.

In those circumstances, this Court is not satisfied that the order dated November 30, 2018 has been complied with.

The learned Counsel for the Pradhan of the Duillya Gram Panchayat seeks time to effect such fresh hearing and pass orders afresh.

Let this matter stand adjourned and be listed on 19.02.2020 for further hearing.

Let the hearing be conducted afresh in terms of the order dated November 30, 2018 upon due notice to the petitioners and all affected parties. Let

suitable order be passed by the Gram Panchayat and the same be placed before this Court on the next date of hearing.

This Court notes with anguish the conduct of the Pradhan of the Duillya Gram Panchayat and shall propose suitable measures on the next date of

hearing.

The personal presence of the Pradhan is dispensed with for the day on the undertaking that she will be present in Court personally on the next date of

hearing.

Urgent photostat certified copy of this order, if applied for, be given to the parties.