Shreekant Upadhyay v. H M C & ORS

13.09.2024 Court No. 18 Item No.04 (Suvendu) CPAN 901 of 2024 In WPA 11678 of 2011 Shreekant Upadhyay -Versus- Smruti Ranjan Mohanty Mr. Akash Munshi Ms. Debanwita Pramanik ......for the applicant Mr. Sandipan Banerjee Mr. Ankit Sureka ......for the alleged contemnor Affidavit of service filed on behalf of the applicant in terms of order dated 9th August, 2024 is taken on record.

Learned advocate representing the applicant submits that till date order dated 18th January, 2024 has not been complied with.

Mr. Sandipan Banerjee, learned advocate representing alleged contemnor has prayed for time to comply with the direction as contained in the order dated 18th January, 2024.

A communication dated 10th September, 2024 issued by the O.S.D Building Department (Demolition), Howrah Municipal Corporation is placed before this Court and it is submitted that date has been fixed for demolishing unauthorized structure on 30th September, 2024. However, it is also submitted that it will take some time to demolish if demolition work starts from 30th September, 2024. Said communication dated 10th September, 2024 is taken on record.

It is further submitted that Commissioner of Howrah Municipal Corporation has been changed and new incumbent has joined.

In view of such submission, leave is granted to learned advocate representing the applicant to amend cause-title of this contempt application in course of this day and add new incumbent as additional alleged contemnor. Let a notice be served upon the additional alleged contemnor enclosing a copy of this order and a copy of the contempt application by fortnight from date and file further affidavit of service on the next date.

List the matter under the heading "Contempt Application"

in the Monthly Combined List of November, 2024 to see compliance.

Alleged contemnor shall file affidavit of compliance on the next date.

(Saugata Bhattacharyya, J.)