Calcutta High Court (Appellete Side)
(Uma Mondal vs State Of West Bengal And Others.) on 4 February, 2022
14
jdt.
04.02.2022
jb.
W.P.A. 17148 of 2021
(Uma Mondal vs. State of West Bengal and others.)
Mr. Kartick Bhattacharyya
Mr. Subhas Ch. Dutta
... For the Petitioner
Mr. Chandi Charan De
Mr. Haripada Maity
Mr. Anirban Sarkar
... For the State
Mr. Biswaroop Biswas
Mr. Gorachand Samanta
... For the Respondent Nos. 6-7
At the outset, leaned counsel for the private
respondents challenges the maintainability of the writ
petition on the ground that since an earlier writ petition
with identical prayers has been considered and allowed
by a co-ordinate Bench of this Court, a fresh writ
petition for implementation of the earlier order cannot
be entertained. Learned counsel places reliance on a
judgment passed by a co-ordinate Bench of this Court
on 1st August, 2014 in W.P. 562 of 2014.
Learned counsel for the petitioner submits that
after initiation of the present writ petition, the State
Authorities have served notice upon the petitioner as
well as the private respondents under Section 10(1) of
the West Bengal Highways Act, 1964 and the
proceeding is pending. Learned counsel prays for a
direction upon the Authority to bring the proceeding to
its logical conclusion within a stipulated period of time.
Learned counsel for the petitioner has referred to
a judgment of the Hon'ble Supreme Court in the case of
The Commissioner, Karnataka Housing Board vs. C.
Muddaiah reported in 2007(6) Supreme 97 which
records that once direction issued by the competent
Court, it has to be obeyed and implemented without any
reservation. Any party having grievance against the said
order can challenge the order by taking appropriate
proceedings known to law.
There is no question of denying or disputing the
said proposition of law.
It is not in dispute that an earlier writ petition
being W.P. 31423(W) of 2014 was filed before this Court
and the prayers in the said writ petition were identical
to that of the present writ petition. The earlier writ
petition was disposed of by a co-ordinate Bench of this
Court by an order dated 14th January, 2015 directing
the Executive Engineer, P.W.D. (Road) Krishnanagar
Highway Sub-Division-I to consider and dispose of the
representation submitted by the petitioner by enquiring
into the matter either himself or causing enquiry to be
made into the allegations of the petitioner after giving
reasonable opportunity of hearing to the petitioner as
well as the private respondents. In the present writ
petition, the petitioner has, in substance, prayed for
implementation of the said order by the Authority.
Record reveals that a contempt application was
filed on behalf of the petitioner which was dismissed for
default.
In the judgment passed in W.P. 562 of 2014 a co-
ordinate Bench of this Court has held that a
subsequent writ petition filed on identical grounds as
the earlier writ petition is not maintainable as is hit by
the principles of res judicata which is also applicable to
writ proceedings.
In view of the above, this Court holds that the
order passed in the earlier writ petition has been
complied with by the Authority by initiating the
proceeding under Section 10 of the Act of 1964. As
identical prayers for implementation of the said order
has been made in the present writ petition, the writ
petition is not maintainable.
Accordingly, W.P.A. 17148 of 2021 is dismissed
as not maintainable.
There shall be no order as to costs.
Since no affidavit has been invited, allegations
contained in the writ petition shall be deemed not to
have been admitted.
Urgent certified website copy of the order, if
applied for, be given to the parties on compliance of
requisite formalities.
(Suvra Ghosh, J.)
