Anup Kumar Ganguly v. Suniti Kumar Guchhait

08. 10.01.2023 Ct. No.6 Tanmoy CPAN 886 of 2022 Sri Anup Kumar Ganguly -VersusSri Suniti Kumar Guchhait With IA No: CAN/2/2022 Arising out of MAT 408 of 2022 Mr. Haradhan Banerjee, Adv., Mr. Amitava Pain, Adv., Mr. Nilmoni Das, Adv., Mr. Subhrangshu Datta, Adv.

...for the petitioner.

Mr. Rajendra Chaturvedi, Adv.

...for the alleged contemnor.

Affidavit of service filed in Court today be kept with the records.

In Re: IA No: CAN/2/2022 in CPAN 886 of 2022 By consent of the parties, this application is taken up for hearing along with the contempt application by treating the same as on day's list.

This is an application for recording the death of the petitioner and for bringing on record his legal heirs. The petitioner passed away on September 30, 2022, leaving behind the persons mentioned in paragraph 2 of the application as his legal heirs.

The application is allowed.

Let the name of the petitioner be deleted from the cause title of the contempt petition and the names of the persons mentioned in paragraph 2 be brought on record in the place and stead thereof. All the applicants are stated to be residing at the address mentioned in paragraph 2 of the application.

Let the department carry out the necessary amendment to the contempt petition within a fortnight from date.

The application being IA No: CAN/2/2022 is disposed of.

In Re: CPAN 886 of 2022 This contempt application has been filed for alleged violation of an order dated April 26, 2022, whereby MAT 408 of 2022 was disposed of by directing the Executive Officer of Rishra Municipality to take an informed decision, in accordance with law, regarding the petitioner's complaint within twelve (12) weeks from the date of communication of the order.

Learned Advocate appears for the alleged contemnor and says that the order has been complied with and the Executive Officer has passed an order dated September 20, 2022. Copies of the order have been handed up to us. Let the same be kept with the records.

The alleged contemnor, therefore, has complied with this Court's order. A copy of the order has been

made over to Mr. Banerjee, learned Advocate for the petitioner in Court today.

Nothing survives of the contempt application. The petitioner will be at liberty to challenge the order dated September 20, 2022, passed by the Executive Officer, Rishra Municipality, before the appropriate forum, in accordance with law.

The contempt application being CPAN 886 of 2022 is disposed of.

Let urgent certified copy of this order, if applied for, be made available to the parties, upon compliance with all necessary formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)