Tapas Dutta v. The State Of West Bengal And ANR

28.01.2025 rpan/07 WPLRT 10 of 2025 Tapas Dutta - Versus - State of West Bengal & Others Ms. Aritri Sarkar ... for the Petitioner.

Mr. Sk. Md. Galib, Ms. Priyamvada Singh ... for the State/Respondents.

The present writ petition arises out an order dated 4th November, 2024 passed by the learned Tribunal in a contempt application, being MA 1072 of 2023 filed alleging violation of an order dated 24th March, 2023 passed in the original application (in short, OA), being OA 272 of 2021 (LRTT).

Ms. Sarkar, learned advocate appearing for the petitioner submits that till date the order dated 24th March, 2023 passed in OA 272 of 2021 has not been complied with. By the last order dated 4th November, 2024 the contempt application has been deferred and fixed about six months thereafter on 15th May, 2025. Such delay in fixing a date for hearing is too long in a system where justice is supposed to be swift but deliberate. She, accordingly, prays for issuance of necessary direction upon the learned Tribunal for preponement of the date of hearing of the contempt application and immediate disposal.

Mr. Galib, learned Senior Government Advocate appearing for the State/respondents submits that the petitioner ought to have approached the learned Tribunal at the first instance for preponement of the date of hearing.

We have heard the learned advocates appearing for the respective parties and considered the materials on record.

It is for the learned Tribunal to regulate its own procedure in respect of the cases on Board for effective disposal and to ensure that the cases are disposed of within a reasonable period of time. A litigant, who obtained a favourable order from the learned Tribunal, is waiting for more than a year for compliance of the same.

In the said conspectus, the present writ petition is disposed of directing the learned Tribunal to dispose of the contempt application on the returnable date i.e., on 15th May, 2025 or as expeditiously as possible, preferably within a period of two months thereafter, without granting any unnecessary adjournment to either of the parties.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Partha Sarathi Sen, J.) (Tapabrata Chakraborty, J.)