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Calcutta High CourtWPCRC/6/2023disposed

Manik Chandra Maji And Others v. P S Mishra And Others

2023-02-03Hon'Ble Justice Debangsu Basak2 pages

03.02.2023 serial no. 02 Dd WPCRC 6 of 2023 + CAN 4 of 2023 with WPA 22028 of 2013 Sri Manik Chandra Maji & Ors.

Vs.

Sri P. S. Mishra & Ors.

Mr. Neepesh Majhi, Advocate ... ... for the Petitioners Rule was issued on January 6, 2023 against the alleged contemnors.

There is a report by the department dated February 1, 2023 stating that the Rule could not be served due to all of the alleged contemnors being transferred.

Petitioners filed a fresh application being CAN 4 of 2023 seeking to proceed against six persons. It is unfortunate that the petitioners did not point out the fact that the alleged contemnors in the earlier petition were no longer in the post when the order dated January 6, 2023 was passed.

Be that as it may, since such alleged contemnors are no longer in post, Rule issued on January 6, 2023 is discharged.

WPCRC 6 of 2023 in WPA 22028 of 2013 (arising out of CPAN 711 of 2021 in WPA 22028 of 2013) is disposed of.

So far as the present application being CAN 4 of 2023 is concerned, since on the discharge of the Rule issued in the contempt petition and since the petitioners now seeks to proceed against six persons although originally four persons were as alleged contemnors, it would be appropriate to dispose of CAN 4 of 2023 by permitting the petitioners to take appropriate steps.

(Debangsu Basak, J.)