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2025 DAILYLAW 8998 (CAL)

MD NAZ v. DHAVAL JAIN MUNICIPAL COMMISSIONER KMC AND ORS

CPAN/215/2025 · 2025-07-11

Sabyasachi Bhattacharyya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

AD-37 Ct No.10 11.07.2025 TN CPAN 215 of 2025 in WPA 3984 of 2024 Md Naz Vs. Dhaval Jain, the Municipal Commissioner, Kolkata Municipal Corporation and others Mr. Giasul Islam …. for the petitioner Mr. Gopal Das, Mr. Rudranil De, Mr. Suman Basu ….for the KMC Dr. Madhusudan Saha Roy …for the CESC Limited 1. The additional rejoinder filed by the petitioner today be kept on record. Even therefrom, it is evident, upon hearing learned counsel for the parties, that from some of the pictures, particularly those annexed at pages-22, 23 and 25 thereof, reveal that the encroachers in the immediate vicinity of the transformer-in-question have been removed. However, from the other pictures annexed to the rejoinder, it transpires that every afternoon/evening, temporary moveable carts are brought to the place by vendors, who then cater their products. 2. As such, the nature of the encroachment now sought to be alleged is not in the nature of permanent encroachment of any sort in the area but vendors 2 coming and going every day/evening with moveable carts, which is beyond the purview of the order of this Court, which, in effect, directed the permanent encroachments in the vicinity of the transformer-in- question to be removed. 3. In any event, such allegation as in the nature of the one now put forward by the petitioner cannot be taken care of by the KMC but is a law and order situation and the petitioner is always at liberty to move the police authorities/law enforcement authorities with a proper complaint in that regard. 4. However, I do not find any willful or deliberate violation of the order of this Court on the part of the alleged contemnors from the materials on record. 5. Accordingly, CPAN 215 of 2025 is disposed of as infructuous without any order as to costs. (Sabyasachi Bhattacharyya, J.)