B. Papa Rao v. The Port Blair Municipal Council And Another

Sl. No.01 22.11.2024 Court no.18 (Suvendu) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT PORT BLAIR

(Via video Conference) CPAN 45 of 2024 In WPA 307 of 2021 Shri B. Papa Rao Vs.

Shri Amit Kale Mr. K.M.B. Jaypal ....for the applicant Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the alleged contemnor Contempt application is heard at length in presence of learned advocates representing applicant and alleged contemnor.

This contempt proceeding has arisen out of order dated 22nd March, 2024 passed in CPAN 20 of 2022 whereby Court passed necessary order for full compliance of the order dated 21st March, 2022 passed in connected writ petition being WPA 307 of 2021. Parent order dated 21st March, 2022 passed in WPA 307 of 2021 along with order passed in contempt proceeding were subject matter of challenge in intra-court appeal being MAT 64 of 2024 which was disposed of with MAT 63 of 2024 along with connected applications by the Hon'ble Division Bench and while disposing of both the appeals order was passed by the Hon'ble Divison Bench on 13th November, 2024 disposing of writ petition being WPA 495 of 2024 and other contempt proceedings including present one being CPAN 45 of 2024. Order passed by the Hon'ble Division Bench on 13th November, 2024 is placed before this Court and same is taken on record.

On perusal of the order of the Hon'ble Divsion Bench, it further appears that leave was granted to the appellants to approach a Civil Court to establish any easement right on the writ petitioner's property and in the event such steps are taken, Civil Court shall decide the matter uninfluenced by any observation made in any of the four writ petitions being WPA 79 of 2021, WPA 307 of 2021, WPA 365 of 2023 and WPA 725 of 2023 or the contempt applications including the present one and appeal Court further directed to proceed in order to decide such easement right in accordance with law, if a suit is filed, within a period of one month from the date of passing the said order.

In view of such directions and observations made by the Hon'ble Division Bench in the order dated 13th November, 2024, no further order need be passed in the present contempt application.

Contempt application being CPAN 45 of 2024 stands disposed of and contempt proceeding stands dropped in terms of the order of the Hon'ble Division Bench.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)