Ajit Kumar Maity v. Chandan Kumar Sarkhal Assisitant Enghineer Tamluk Highway Sub Division Pwd And ANR

jdt.

17.05.2024 jb.

CPAN 179 of 2024 in W.P.A. 21496 of 2021 Mr. Sajal Kr. Ghosh Mrs. Dipa Bhattacharyya .... For the Applicant-Petitioner Mr. K. J. Yusuf Mr. Balarko Sen .... For the State Report submitted on behalf of the alleged contemnors is taken on record.

Heard learned counsel for the parties.

By the order under contempt passed on 19th September, 2023, the 4th respondent/ alleged contemnor was directed to take necessary steps for implementation of the order passed by the District Magistrate, Purba Medinipur on January 11, 2023 under Section 10(4) of the West Bengal Highways Act, 1964 within one month from the date of communication of the order.

Learned counsel for the alleged contemnor produces a copy of order of this Court dated January 31, 2023 whereby the order passed by the District Magistrate, Purba Medinipur on 11th January, 2023 was set aside.

This fact was not brought to the notice of the Court when the order under contempt was passed. Since the order under contempt dated 19th September, 2023 has already been set aside, the said order could not have been implemented.

As such the contempt application does not lie. The contempt application being CPAN 179 of 2024 is disposed of.

(Suvra Ghosh, J.)