Mahesh Shaw vs Dipankar Roy & Anr
2022 Latest Caselaw 5448 Cal

S/L 25
16.08.2022
Court. No. 41
Sourav/
Suvayan
                               CPAN 2 of 2019
                                     In
                              WPA 24999 of 2016

                                 Mahesh Shaw
                                     Vs.
                              Dipankar Roy & Anr.


                Mr. Subir Hazra
                                                           ...for the petitioner.

                Mr. Anirban Ray
                Ms. Chaitali Bhattacharyya
                Mr. Avishek Prasad
                                                ...for the alleged contemnors.


                      Affidavit-of-service filed in Court be kept with the

                record.

                      Counsel for the respective parties are present.

                      The petitioner has filed the instant contempt

                application alleging that the alleged contemnors have not

                complied with the order passed by this Court dated October

                28, 2016 in WP No. 24999 (W) of 2016 wherein this Court

                has passed the following directions:-

                                  "Therefore, dispensing with the Rule 26 of
                          the Writ Rules and upon hearing the learned
                          counsel for the State, this Court directs the District
                          Inspector    of   Schools   (S.E.),   Barrackpur   to
                          consider the representation of the petitioner dated
                          22.09.2014 so forwarded to him within six weeks
                          from the date of the order in the light of the settled
                          proposition of law in the case of Piyu Datta Vs.
                          State of West Bengal & Ors., reported in (2012) 3
                          WBLR (SC) 715.
                                  With the above direction, the writ petition
                          stands disposed of accordingly."
                                2




       The alleged contemnors have filed affidavit-of-

compliance by enclosing the order dated 26.11.2021 vide

Memo No. 2683/LS by disposing of the representation

submitted by the petitioner and after considering the case of

the petitioner, the request of the petitioner was rejected.

       The counsel for the petitioner submits that the

respondents have not considered the judgment passed by

this Court in the case of Piyu Dutta Vs. The State of West

Bengal.

As the respondents have complied with the order by

passing the reasoned and speaking order dated 26.11.2021,

hence, this Court finds that the alleged contemnors have not

violated the order passed by this Court and hence, the

contempt application being CPAN No. 2 of 2019 is

disposed of.

If the petitioner is aggrieved with the reasoned order

passed by the alleged contemnors is at liberty to take

appropriate steps if so advised in accordance with law.

(Krishna Rao, J.)