Binod Kumar Goel v. Tshering Y. Bhutia

JPG 02 16.01.2025 d.p.

In The of High Court At Calcutta Circuit Bench At Jalpaiguri Special Jurisdiction CPAN 79 of 2024 in W.P.A. 2077 of 2024 Binod Kumar Goel -versus Smt. Tshering Y. Bhutia Mr. Aayush Mitruka, Ms. Priyanka Ghosh.

...For the Petitioner.

1.

The petitioner is aggrieved by the order passed by the Commissioner, Siliguri Municipal Corporation on 11th November, 2024 allegedly in compliance of the direction passed by this Court on 1st October, 2024 in WPA 2077 of 2024.

2.

The learned advocate for the petitioner stresses that the said order is contrary to the direction passed by the Court and not in conformity with Section 268 of the West Bengal Municipal Corporation Act, 2006.

3.

I am of the opinion that the correctness of the order passed by the Commissioner cannot be adjudicated in the contempt proceeding. The validity of the said order has to be tested in a fresh writ proceeding.

4.

In view of the above, the instant contempt application is disposed of by granting liberty to the petitioner to approach the competent forum in accordance with law for redressal of his grievances, if so advised.

5.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)