Lakshmikanta Maity v. Smt Sampa Bera (Jana) And ANR

20.07.2023 sb Ct 24

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION APPELLATE SIDE WPCRC 78 of 2023 In WPA 2829 of 2021 Lakshmikanta Maity Vs.

Smt. Sampa Bera (Jana) & Anr.

Mr. Sanjib Bandyopadhyay Mr. Manoj Kumar Mondal ... For the applicant/petitioner.

Mr. Biswaranjan Bhakat Mr. P. K. Giri ... For the alleged contemnors Affidavit of compliance has been filed in Court today wherefrom it appears that a spot inspection was conducted by the Panchayat and unauthorized construction has been detected.

Proceeding to deal with such unauthorized construction has been forwarded to the Sub-Divisional Officer on 18th July, 2023.

The communicating letter dated 18th July, 2023 signed by the Pradhan, Mayna -I Gram Panchayat, to the Sub-Divisional Officer, Tamluk Sub-Division, is taken on record.

Liberty is granted to the petitioner to follow-up the matter with the Sub-Divisional Officer, for taking necessary consequential steps.

Though there was no direction upon the contemnor no.2, Narayan Chandra Maity, Member of the Gram Panchayat to appear in Court, but for reasons best known to him the said contemnor is personally present in Court. The petitioner is also personally present in Court. It has been alleged by the petitioner that the aforesaid contemnor is threatening him as the contempt is pending consideration and he (contemnor no. 2) is required to attend the Court.

The contemnor no. 2 though denies the allegation against him but he is seen to enter into altercation with the petitioner in open Court. The behaviour of the contemnor no. 2 is such that it interferes and stands in the way of proper dispensation of justice. He is neither apologetic nor appears to have any regard for the seat of justice.

It appears from the order dated 20th April, 2023 passed in the instant contempt application that the attitude of the aforesaid contemnor no. 2 is extremely arrogant and for the purpose of upholding the dignity and majesty of the Court, necessary action is liable to be taken against him.

The aforesaid contemnor has submitted in Court that he is a retired school teacher and he is receiving pension from the Government.

The Treasury Officer, Tamluk, is directed to

temporarily hold the pension of the contemnor no.2, Narayan Chandra Maity for a period of three months. The contempt application stands disposed of.

However, the matter is directed to appear in the list once again on 30th November, 2023 to ascertain as to whether the said contemnor is threatening or putting any further pressure upon the petitioner.

If there is no further allegation against the contemnor no.2, then necessary direction shall be passed for releasing his pension.

(Amrita Sinha, J.)