Md Harun Al Rashid Gazi v. Parvez Ahmed Sidddique Secretary Food And Supplies Deptt And ANR

08.12. 2023 Ct. No. 15 adeb CPAN 1092 of 2023 In WPA 13082 of 2023 Md. Harun Al Rashid Gazi Vs.

Parvez Ahmed Siddique, Secretary, Food and Supplies Department & Anr.

Mr. Ram Anand Agarwal Ms. Nibedita Pal Mr. Ananda Gopal Mukherjee Ms. Sonam Roy ...for the Applicant Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag ...for the Alleged Contemnor The contempt proceeding has arisen out of the order dated 13th June, 2023 passed by a coordinate Bench. Today, affidavit of service is filed by the applicant which is taken on record. Affidavit of compliance has also been filed on behalf of the alleged contemnor no. 2 which is taken on record.

The learned advocate representing the applicant submits that in spite of giving direction by the coordinate Bench in the order dated 13th June, 2023 to keep the FPS license in abeyance which was issued in favour of respondent no. 5 but the same was not kept in abeyance in strict compliance thereof. However, it has been submitted that an order has been passed on 17th August, 2023 by the alleged contemnor no. 1.

On perusal of the affidavit of compliance it appears that the alleged contemnor no. 1 has passed an order dated 17th August, 2023 in terms of the order passed by the coordinate Bench dated 13th June, 2023.

In view of the said order dated 17th August, 2023 it appears that the order passed by the coordinate Bench is substantially complied with.

Accordingly, the contempt application stands disposed of and the contempt proceeding stands dropped. However, this order shall not preclude the applicant to take steps in accordance with law against the order dated 17th August, 2023, if so advised.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)