Maya Rani Giri & ORS v. State Of West Bengal & ORS

23.09.2022 Court No.32 rpan/01 WPCRC 46 of 2021 Maya Rani Giri & Others - Versus - Sk. Jabbar Ali & Another in W. P. No. 4819 (W) of 2019 [WPA 4819 of 2019] Mr. Saptarshi Roy, Ms. Kakali Das Chakraborty ... for the Petitioners.

The present contempt application has been preferred alleging violation of an order dated 11th March, 2019 passed in a writ petition, being W. P. No. 4819 (W) of 2019 [WPA 4819 of 2019].

Records reveal that a compliance report in the form of an affidavit had been filed on behalf of the alleged contemnor no.1 when the matter was taken up for hearing on 2nd September, 2022.

Mr. Roy, learned advocate appearing for the petitioners submits that in terms of the order passed by this Court in the writ petition, the authorities of the said panchayat conducted an inspection and considered the petitioners' representation dated 1st February, 2019 and passed an order upon conducting an enquiry and it was inter alia observed that the construction raised by one Bikash Giri is illegal. However, necessary follow up steps, as directed by this Court, have not been taken.

Heard Mr. Roy, learned advocate appearing for the petitioners and considered the materials on record. It appears that the order of this Court has been complied with and a decision has been taken by the alleged contemnor no.1 upon conducting an enquiry. The delay which has occurred towards such compliance of the order of this Court does not appear to be intentional. In view thereof, this Court is not inclined to proceed with the contempt application, being WPCRC 46 of 2021 any further and the same is, accordingly, disposed of. Needless to observe, the petitioners would be at liberty to take appropriate steps before the competent forum, if so advised and in accordance with law. Rule, if any, stands discharged.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Tapabrata Chakraborty, J.)