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Calcutta High CourtCPAN/112/2025disposed

Swapan Manna And ORS v. Swapan Nayak Chairman Egra Municipality

2025-03-07Hon'Ble Justice Saugata Bhattacharyya2 pages

2010.

2010.

(ML) (ML) 07.03.2025 07.03.2025 Ct. No. 18 (ARPAN) C.P.A.N 112 of 2025 In W.P.A. 9265 of 2021 Swapan Manna & Ors.

Vs.

Swapan Nayak, Chairman, Egra Municipality, Purba Medinipore Mr. Nilkamal Ghosh ...for Applicants Mr. Jayanta Kumar Das Ms. Madhumanti Das ...for Alleged Contemnor Affidavit-of-service filed on behalf of applicants is taken on record.

Learned advocate representing the alleged contemnor submits that in terms of the order dated 2nd May, 2024 an order was passed on 30th December, 2024 and it is further submitted that the order passed by this Court on 2nd May, 2024 has been complied with. It is submitted by the learned advocate representing applicants that the order dated 30th December, 2024 passed by the alleged contemnor is not in strict compliance with the order passed by this Court on 2nd May, 2024.

It is trite law that validity of an order passed by an authority cannot be delved into in a contempt proceeding in the event there was a direction by the Court upon the authority to pass an order in accordance with law.

In view of the order dated 30th December, 2024 passed by the alleged contemnor, it appears that the order dated 2nd May, 2024 has been complied with. Hence, contempt application stands disposed of and contempt proceeding stands dropped.

However, this order shall not preclude the applicants to question the legality and validity of the order dated 30th December, 2024 in accordance with law. (Saugata Bhattacharyya, J.)