Tarak Mondal v. Prafulla Mondal & ORS

10.04.2025 Court No.654 DL/Item No.-97 [Milan]

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction Appellate Side (Contempt) CPAN 1121 of 2019 In WPA 9475 of 2018 (not in file) Tarak Mondal versus Prafulla Mondal & Ors.

Mr. Anindya Sundar Das, Mr. Shounak Ghosh, Mr. Mansa Ram Mandal, Mr. Md. Suhail, Mrs. Paromita Mandal, Mrs. Suva Gyen, Mr. Suman Halder ....for the petitioner Affidavit of service filed in Court is taken on record.

An application seeking for enforcement of directions in the order dated 2nd July, 2019 passed by the Hon'ble High Court in WP 9475 (W) of 2019 has been filed.

This application for contempt seeks to impress on the Court that the respondent nos.6 to 10, all private respondents, who had been directed to burn the left over straw in some place other than in front of the

petitioner's residence, have not done so and have burnt it in front of the petitioner's house.

There is no an iota of evidence that such straws were burnt in violation of the order. A bare pleading has been made to invoke the contempt jurisdiction of this Court.

The order of 2nd July, 2019, was made for a particular time and cannot be stretched to apply for eternity. The petition is frivolous. No act of wilful, deliberate and contumacious violation of the order, could be established.

The petition is accordingly dismissed.

There shall, however, be no order as to costs. (Reetobroto Kumar Mitra, J.)