Anima Ghosh And ORS v. Dilip Yadav Chairman Uttarpara Koatrung Municipality

CPAN 1398 of 2023 in WPA 26274/2016 04.

bd.

05.01.2024 Ct.15 Anima Ghosh & Ors.

-vs- Mr. Dilip Yadav, Chairman, Uttarpara Koatrung Municipality.

Mr. Amitabha Ghosh Ms. Nabanita Chatterjee ... for the applicant. Mr.Dipak Kumar Mukherjee Mr. Rajib Mukherjee ... for the alleged contemnor. The contempt application has arisen out of the order dated 16th March, 2023 alleging that though erection of stall made by respondent nos. 9 and 10 was found to be illegal but no effective steps have been taken by the municipality for removal of such stall. On perusal of the affidavit of compliance affirmed on 22nd December, 2023 which is filed today it appears that pursuant to the order dated 16th March, 2023 proceeding was initiated by serving notice upon the persons responsible and granting opportunity of hearing to the parties to the writ petition an order was passed on 1st August, 2023 by the Chairman of Uttarpara Koatrung Municipality. In view of such steps taken by the municipality and culmination of proceeding upon issuance of order dated 1st August, 2023 the order dated 16th March, 2023 passed by this Court appears to have been complied with.

Accordingly, the contempt application stands disposed of and the contempt proceeding stands

dropped.

However, this order shall not preclude the applicants to take steps in accordance with law based on the order of the Chairman of the Municipality dated 1st August, 2023.

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

(Saugata Bhattacharyya, J.)