GAYATRI MOZUMDER Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2010-11-72
HIGH COURT OF CALCUTTA
Decided on November 11,2010

GAYATRI MOZUMDER Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The Court : Counsel submits that the petitioner needs a mandamus commanding the private respondents to reconnect the petitioner's water supply and the police to lodge an FIR, make investigation and submit report.
(2.) The allegation is that the private respondents disconnected the petitioner's water supply. The petitioner claims that she is a resident of a cooperative housing society, and that both she and the private respondents are the member of the society. It is submitted that the petitioner instituted a suit in which the Civil Court made a restraining order, but that the private respondents have not complied with the order.
(3.) I do not find any reason to interfere in the matter. If the private respondents disobeyed the order of the Civil Court, the petitioner was free to initiate proceedings before the Civil Court. She was free to execute the order made by the Civil Court. A mandamus cannot be issued commanding the private respondents to reconnect the petitioner's water supply. It is not known whether over the dispute the exclusive jurisdiction is with the arbitrator under the West Bengal Co-operative Societies Act, 1983.;


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