Shri. V.Ravi v. Shri. Vishal Ram
30.04.2025 SL No.1 Court No.22 S.Gayen Calcutta High Court In The Circuit Bench at Port Blair From Principal Bench CPAN 11 of 2025 in WPA 96 of 2025 Shri V. Ravi
Versus
Shri Vishal Ram Mr. K.M.B. Jayapal ...for the Petitioner Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Dibesh Dwivedi ...for the Contemnor
1. Both the learned counsel appearing on behalf of the petitioner as well as the contemnor are present.
2. Mr. Shatadru Chakraborty, learned senior counsel appearing on behalf of the contemnor submitted that affidavit of compliance has already been filed on earlier date informing withdrawal of the police force from the subject premises.
3. Mr. Jayapal, learned counsel appearing on behalf of the petitioner has also admitted that the police posting has already been withdrawn from the subject property but the petitioner has been called at police station and instructed not to entire into the premises.
4. At this stage, learned counsel for the contemnor has denied the allegation and undertakes not to create any sort of disturbance in compliance with the order of this Court dated 28th February, 2025 in WPA 96 of 2025, the same is noted.
5. Considering all the facts and circumstances, it is not disputed that the petitioner is in possession in the subject property and that was also affirmed by the Hon'ble Apex Court in SLP 4763 of 2025.
6. Therefore, at this stage, I find that the petitioner can enjoy the possession of the subject property without any disturbance from the side of the contemnor.
7. With the aforesaid view of the matter, the instant contempt application stands dropped.
8. Department is directed to transmit the record to the Circuit Bench at Port Blair forthwith.
9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
10. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities.
(Bibhas Ranjan De, J.)