Santosh Biswas v. Prabhat Kumar Mishra Principal Secretary Irrigation And Waterways Deptt

jdt.

26.04.2023 jb.

CPAN 196 of 2023 in W.P.A. 2778 of 2022 (Santosh Biswas vs. Mr. Prabhat Kr. Mishra, Principal Secretary, Irrigation and Waterways Department) Mr. Baidurya Ghosal .... For the Petitioner Mr. Chandi Charan De .... For the alleged Contemnor Affidavit of compliance submitted on behalf of the Principal Secretary, Irrigation and Waterways Department is taken on record.

It is submitted that Principal Secretary was not impleaded as party respondent to the writ petition and is not the alleged contemnor herein.

It is a fact that the order under contempt directed the 2nd respondent who is the Secretary, Irrigation and Waterways Department, Jalasampad Bhavan to comply with the order passed on June 27, 2022. The said respondent has not been arrayed as contemnor in the contempt application.

Learned counsel for the applicant/petitioner seeks to withdraw the contempt application with liberty

to file a fresh application on the same cause of action. Such liberty is granted.

The contempt application being CPAN 196 of 2023 is dismissed as withdrawn.

There shall however, be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)