Nirmal Dolai v. State Of West Bengal & ORS

29-04-2022 Item no.7 Subrata

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction Appellate Side CPAN No.214 of 2022 Sri Nirmal Dolui -vsSri Kalyan Dey, Executive Engineer, Kakdwip Irrigation Division arising out of WPA No.7869 of 2019 Mr. Sarbanand Sanyal ...for the petitioner Mr. Ashim Kumar Ganguly Mr. Bellal Shaikh ...for the contemner Heard both parties.

Learned advocate appearing for the alleged contemner submits documents, which may be taken on record, a copy whereof is served upon the petitioner, to establish that the order of this court dated December 20, 2019 passed in WPA No.7869 of 2019 has been complied with.

I am of the considered view that once an authority in compliance of the order of this court passes an order or takes any action and if the petitioner is not satisfied with the same, it gives rise to a fresh cause of action and further cause of action for contempt does not survive. Considering the facts and circumstances of the case, the contempt petition being CPAN No.214 of 2022 is disposed of by dropping the contempt proceeding. [Md. Nizamuddin, J]