Calcutta High CourtCPAN/1292/2024disposed

Ram Chandra Bag And ANR v. Sumit Gupta Dist Magistrate South 24 Parganas

2024-11-22Hon'Ble Justice Aniruddha Roy2 pages

22.11.2024 Item No. 11 Crt.No.02 b.r. CPAN 1292 of 2024 IA No. CAN 1 of 2024 In WPA 15171 of 2024 Ramchandra Bag & Anr.

-vs- Sumit Gupta, District Magistrate, South 24 Parganas Mr. Sarthak Barman .... For the applicants/petitioners.

Mr. Nilotpal Chatterjee .... For the alleged contemnor.

The order dated September 27, 2024 speaks for itself.

Today, Mr. Sarthak Barman, learned advocate appearing for the applicants/petitioners places a letter dated November 18, 2024 written by Controller of Vagrancy, West Bengal. The letter was addressed to the alleged contemnor. The letter is taken on record. Mr. Nilotpal Chatterjee, learned counsel also places a letter dated October 4, 2024 written by the alleged contemnor wherefrom it appears that the entire matter has been relegated before the Controller of Vagrancy, West Bengal who is the authority in law to decide the issue. A copy of the said letter is also taken on record.

Since the alleged contemnor impleaded in this contempt application is not the appropriate authority

and there was no direction upon the Controller of Vagrancy, West Bengal in the main writ petition in the order dated June 6, 2024 out of which this contempt proceeding arose, there is no scope of further proceeding with this contempt petition.

Accordingly, this contempt proceeding, CPAN 1292 of 2024 stands dropped and closed.

The application, CPAN 1292 of 2024 stands disposed of accordingly.

However, the petitioners shall serve copy of the writ petition and the order dated June 6, 2024 along with a copy of today's order upon the Controller of Vagrancy, West Bengal. Such authority taking note of the letter of the District Magistrate dated October 4, 2024, as referred to above, shall decide the issue after granting an opportunity of hearing to the petitioners and other interested parties, if any, by passing a reasoned order.

At appropriate stage, if necessary, the petitioners shall be at liberty to initiate appropriate proceeding, if they are entitled to do in law. With this direction, the connected application, CAN 1 of 2024 also stands disposed of.

(Aniruddha Roy, J.)