Biswajit Hazra v. Mr. Indrajit Dhar, The Chairman, Murshidabad Municipality And ORS.

In the High Court at Calcutta 11-09-2025 Item no.197 Subrata Bhattacharyya AR(C) Special Civil Jurisdiction Appellate Side CPAN No.593 of 2024 Biswajit Hazra -vsIndrajit Dhar & Ors.

arising out of WPA No.8851 of 2023 Mr. Sk. Kiran ...for the petitioner Mr. Subrata Ghosh ...for the contemnor 1.

The petitioner alleges non-compliance of the direction passed by this Court on October 10, 2023. By the said order the Court directed the Murshidbad Municipality to disburse the terminal benefit of the writ petitioner, Sikha Hazra.

2.

The contempt application has been filed by the heir of the writ petitioner claiming to be the son of Sikha Hazra who expired on February 7, 2024 - after the order was passed in the writ petition.

3.

It is submitted on behalf of the alleged contemnor that the fact of expiry of the employee was never made known to the municipality. It has been pointed out that the contempt application, though filed by the son of the deceased employee, but the same has been affirmed by his father, that is, the husband of the deceased employee.

4.

According to the alleged contemnor, the petitioner ought to have drawn the attention of the municipality about the death of the employee.

5.

The Court is of the opinion that the contempt application is not maintainable as there has not been

any deliberate, intentional or willful violation of the order passed by this Court.

6.

The heir of the deceased employee may approach the municipality for payment of the legal dues of the employee. No relief can be granted to the petitioner in the instant contempt application.

7.

The contempt application is hereby dismissed. 8.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

9.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]