Pabitra Biswas And ORS. v. State Of West Bengal And ORS.

20.09.2024 Sl. No.16-17.

Mithun Ct.No.-2.

CPAN/1411/2024 In WPA/19338/2024 Sri Sanjoy Saha & Ors.

Vs.

Mr.Subrata Ghosh, the Chairman Shantipur Municipality & Ors.

with CPAN/1417/2024 In WPA/17546/2024 With IA No: CAN/1/2024 Pabitra Biswas & Ors.

Vs.

Mr.Subrata Ghosh, the Chairman, Shantipur Municipality Mr. Smita Singha, Mr. Subhadip Biswas, Ms. Dona Saha ...for the petitioners/applicants in serial no.16. Mr. Kallol Bose ...for the petitioners in serial no.17.

Ms. Jyotsna Roy Mukherjee, Ms. Srijani Mukherjee ...for the alleged contemnor nos.2 & 3(in item nos.16 & 17).

Mr. Snehansu Majumder ... for the Chairman, Shantipur Municipality (in item nos.16 and 17.) Mr. Kaushik Chandra Gupta, Mr. Raja Adhikary, Mr. Mrinal Das, Ms. Ruksar Parveen ...for the contemnor/respondent no.4 (In item nos.16 & 17).

Mr. Snehansu Majumder, learned Advocate appearing for the alleged contemnor no.1 has filed affidavit-in-opposition on behalf of his client, the same is taken on record.

Ms. Jyotsna Roy Mukherjee, learned Advocate appearing for alleged contemnor nos.2 and 3 files affidavits-in-opposition on behalf of her clients. Mr. Kaushik Chandra Gupta, learned Advocate appearing for alleged contemnor no.4 has filed his client's affidavit-in-opposition.

All these affidavits-in-oppositions are taken on record.

Ms. Smita Singha, learned Counsel appearing for the petitioner has filed affidavits-in-reply, the same are taken on record.

It is made clear that both these contempt applications are taken for consideration together and in both the applications, affidavits are exchanged. On the prayer of learned Counsel for the petitioner time to file affidavit-in-reply by the petitioner to the affidavit-in-opposition filed by alleged contemnor no.4 stand extended till September 30, 2024 and the same shall be filed accordingly.

Petitioner has served a copy of affidavit-in-reply on the learned Counsel appearing for respondent nos.2 and 3 today in Court.

Both the contempt applications shall appear under the heading "Contempt Application" on December 13, 2024.

It is made clear that pendency of this contempt application shall not create any right or equity in favour of the petitioners and these contempt proceedings shall be decided on their independent merits.

Mr. Kaushik Chanda Gupta, learned Counsel appearing for the respondent no.4 submits that a reasoned order has already been passed by the Municipality dated September 9, 2024 in connection with both the writ petitions arising whereof these two contempt proceedings were filed. Copies of the reasoned order placed before this Court are taken on record.

(Aniruddha Roy, J)