Nazmul Huda Khan v. Pinki Mondal

Sl. No.239 07.07.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side CPAN 659 of 2021 In WPA No. 7167 of 2021 Nazmul Huda Khan v.

Pinki Mondal Mr. Balai Lal Sahoo Mr. Ziaul Haque ... for the petitioner Mrs. Karabi Roy ... for the contemnor The petitioner alleges violation of the direction passed in the order dated 26th March, 2021.

Learned advocate representing the Pradhan of the Gram Panchayat has submitted documents before this Court to show that a hearing was conducted on 20th June, 2022 where the petitioner was present along with supporting documents. The petitioner was heard and a formal order has been passed on 29th June, 2022 and the same has been forwarded to the petitioner through Speed Post.

Learned advocate appearing on behalf of the petitioner submits that though the date of hearing was fixed but the submission of the petitioner was not recorded on the said date. The petitioner was also not permitted to file the documents in support of his claim.

Whether the order that has been passed by the Pradhan is valid or not cannot be gone into in the present contempt application. It appears from record that an order has been formally passed by the Pradhan in compliance of the direction passed by the Court and the same has been communicated to him.

In view of the above, there is no requirement of proceeding with the contempt application any further. The contempt application stands disposed of.

The petitioner will be at liberty to take appropriate steps to challenge the order passed by the Pradhan of the Gram Panchayat and communicated to him vide communication dated 29th June, 2022 in accordance with law, if so advised.

Communicating letter of the Pradhan dated 29th June, 2022 as handed over by the learned advocate appearing on behalf of the contemnor be retained with the records.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)