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Calcutta High CourtWPA/5682/2022disposed

Aranibas Gupta v. State Of West Bengal And ORS.

2022-06-09Hon'Ble Justice Amrita Sinha2 pages

Item No.29 In the High Court At Calcutta Special Jurisdiction Appellate Side 14.03.2024 Ct-24 WPCRC 32 of 2024 in WPA 5682 of 2022 Aranibhas Gupta v.

Susanta Roy & Anr.

Mr. Arkadipta Sengupta Mr. Sagnik Chatterjee Mr. Sayan Mukherjee ... for the petitioner.

Mr. Raghunath Chakraborty Mr. Arnab Sinha Ms. Shreyasi Chatterjee Ms. Jagriti Bhattacharya ... for the contemnor no. 1.

Mr. Dipak Kumar Mukherjee Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri ... for the contemnor no. 2.

An affidavit-of-compliance by the Chairman of the Uttarpara Kotrung Municipality filed in Court today is taken on record. Copy of the same is yet to be served upon the respective parties.

It appears that the order passed by the Court on June 9, 2022 has not been complied with till date. The affidavit-of-compliance does not contain any document to show that opportunity of hearing to all the necessary parties was given in compliance of the direction passed by the Court.

The private respondent undertook before this Court to dismantle the columns in the 4th floor.

Learned advocate representing the private respondent being the contemnor no. 1 herein submits, upon instruction that, steps were taken to dismantle the columns but there was stiff resistance from the other occupiers of the subject construction for which the alleged contemnor no. 1 approached the Municipality for expert help.

It has been submitted that a writ petition filed by the objectors is pending consideration before this Court. Let the said writ petition being WPA 19326 of 2022 along with the instant contempt application appear in the list on April 2, 2024 under the heading "Adjourned Motion."

A notice be served upon the learned advocate representing the petitioner in the said writ petition intimating the next date of hearing.

Personal appearance of the contemnor no. 2 stands dispensed with for the time being.

Sh (Amrita Sinha, J.)