Khelai Chandi Mela Committee And ORS v. Tamil Oviya And ORS

ASR 1.

19.1.2024 CPAN 64 of 2023 With MAT 1755 of 2022 Khelai Chandi Mela Committee & Ors.

Vs.

Tamil Chandi Mela Committee & Ors.

Mr. Dibyendu Chatterjee Mr. Rahul Deb Goenka Mr. Mainak Singha Barma .........For the petitiners It is an admitted position that the petitioners were allowed to file a fresh application before the SubDivisional Officer in terms of the order of the Division Bench dated 8th December, 2022.

The grievance of the petitioners is that the order required consideration of their application only and no other application.

The said authority considered their application with other applications and hence was in contempt, it is alleged.

We are unable to agree with this contention. The said order dated 8th December, 2022, nowhere stated that the petitioners' application was the only application in the file of the Sub Divisional Officer to be considered by him.

Hence in our view, this contempt application is not maintainable.

However, whether the Sub-Divisional Officer was required to consider the application of the petitioners only to the exclusion of other applications is kept open to be agitated in an appropriate jurisdiction, if the petitioners so desire.

This contempt application is accordingly disposed of.

( I. P. Mukerji,J.) (Subhendu Samanta,J)