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Calcutta High CourtCPAN/768/2022dismissed

Kanishk Sinha And ANR v. Giridhar Armane And ORS

2023-10-06Hon'Ble Justice Moushumi Bhattacharya2 pages

Ct. 36 Item No.04 06.10.2023 (Suvendu) CPAN 768 of 2022 In WPA 15637 of 2022 Kanishk Sinha & Anr.

Vs.

Giridhar Armane & Ors.

Mr. Kanishka Sinha ........Petitioner no.1 (in-person) Mr. Satarup Banerjee Mr. Rahul Sarkar Mr. Dipika Sarkar Mr. Siddhant Srivastava ....for the alleged contemnors The present contempt application in not maintainable.

This is by reason of the fact that the contempt arises out of an order passed by this Court on 19th July, 2022 whereby the writ petition was disposed of with a direction on the Competent Authority to consider the representation of the petitioners and grant leave under the provisions of the appropriate law within a period of three weeks from the date of the order. The relevant part of the order clearly mentions that the representation was made by the petitioner on 7th May, 2022. It appears from the records that the alleged contemnors disposed of the representation dated

7th May, 2022 by an order dated 27th July, 2022. Admittedly no other representation is on record. The allegation of disobedience made against the alleged contemnors is hence found not to be maintainable.

CPAN 768 of 2022 is accordingly dismissed.

Costs of Rs. 7,000/- shall be paid by the petitioner to the Adyapeath Annada Vidya Mandir within 14 days from date for wasting the time of the Court from July, 2023 onwards.

Liberty to file afresh subject to payment of costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Moushumi Bhattacharya, J.)