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Calcutta High CourtCPAN/258/2022disposed

Nirmal Chandra Bag And ANR v. Ajoy Sengupta

2022-06-07Hon'Ble Justice Rajasekhar Mantha2 pages

07-06-2022 ct no. 13 Sl. 2 sp CPAN 258 of 2022 In WPA 14330 of 2021 Nirmal Chandra Bag & Anr.

-VersusSri Anjan Ghosh Mr. Sandip Das .....for the petitioners Ms. Chaitali Bhattacharya, Mr. Subhendu Roychoudhury ...for the alleged contemnor The order dated May 20, 2022 has been mentioned by Ms. Chaitali Bhattacharya, learned counsel for the alleged contemnor.

It is submitted that the report is ready and could not be filed on account of indisposition of the Advocate for the alleged contemnor.

In that view of the matter, the personal presence of the Executive Magistrate, Diamond Harbour, South 24 Parganas, is dispensed with. The report in the form of affidavit filed by the alleged contemnor dated May 5, 2022, is taken on record.

It is submitted by the learned counsel for the petitioner that his client did not receive the date of hearing of the appeal pending before the DM (South 24 Parganas) under the Highways Act of 1964.

The writ petitioner may obtain copies of the pleadings in appeal before the District Magistrate, filed by the private respondents, at its own cost, by day-after-tomorrow (09.06.2022).

Hence, the date of hearing of the appeal is deferred until Monday (13.06.2022). The appeal must be disposed of on the same day by DM.

With the aforesaid observations, the contempt application shall stand disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)