Rakesh Kumar Nayak v. Howrah Municipal Corporation And Others

Item Nos.417 & 418 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 20.07.2023 Ct-24 AGM WPCRC 129 of 2023 in WPA 10272 of 2022 With WPA 9593 of 2022 Smt. Sandhya Bhattacharya v.

Rakesh Kumar Nayek Mr. Abhishek Halder Mr. Swadesh Misra ... For the petitioner.

Mr. M.P. Gupta A. Panja ... For the alleged contemnor.

Mr. Sandipan Banerjee Mr. Ankit Sureka Mr. Sobhan Majumdar ... for the HMC.

The contemnor is personally present in Court. Learned advocate for the petitioner submits that the contemnor is violating the direction passed in the order dated 5th September, 2022. The contemnor has created third party rights by transferring, alienating and handing over possession of portions of the premises, which is suffering order of demolition passed by the Bally Municipality.

The aforesaid submission is denied by the learned advocate representing the alleged contemnor.

Supplementary affidavit has been filed on behalf of the petitioner.

Copy of the same has been served upon the learned advocate representing the contemnor.

The contemnor is directed to file an affidavit dealing with the contention of the petitioner in the contempt application by 11th August, 2023.

The matter is made returnable on 24th August, 2023.

Personal appearance of the alleged contemnor stands dispensed with for the time being.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)