Kailash Shaw & Ors vs Mr. Abul Kalam Azad Islam & Anr
2023 Latest Caselaw 3023 Cal

    3
28.04.2023
Ct. No. 15
  adeb




                                CPAN 473 of 2023
                                 In
                               W.P.A. 25256 of 2018

                                 Kailash Shaw & Ors.
                                      Vs.
                         Mr. Abul Kalam Azad Islam & Anr.

                   Mr. Ujjal Ray
                                         ....for the Applicant


                   The contempt application is taken out on alleged

             violation of the direction as contained in the order dated

             5th August, 2019 passed by a coordinate Bench in the

             connected writ petition which stood modified vide order

             dated 5th May, 2022 passed by the Hon'ble Division

             Bench on an intra Court appeal being MAT 1441 of 2019.

                   It has been submitted on behalf of the applicant

             that after passing order by the Hon'ble Division Bench on

             contempt application being CPAN 1291 of 2022 fixing

             time limit of two months within which the Municipality is

             required to conclude the proceedings under Section 218

             contempt application lies before the learned single Judge.

                   Having perused the three orders one passed by the

             coordinate Bench on 5th August, 2019 and subsequent

             orders passed by the Hon'ble Division Bench one is dated

             5th May, 2022 passed in aforesaid appeal and another is

             dated 10th January, 2023 passed in the connected

             contempt application it appears to this Court that order
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passed by the coordinate Bench on 5th August, 2019

stood merged with the order dated 5th May, 2022 passed

by the Hon'ble Division Bench while disposing of the

appeal of the private respondents.               The reason of

application of doctrine of merger is modification of the

order dated 5th August, 2019 passed by the coordinate

Bench by passing order dated 5th May, 2022 by the

Hon'ble Division Bench. Since the order of the coordinate

Bench dated 5th August, 2019 stood modified vide order

dated 5th May, 2022 the present contempt application is

not maintainable before this Court.

In this regard reliance is placed on the judgment of

the Apex Court reported in 2000 (6) SCC 359

(Kunhayammed & Others Vs. State of Kerala & Another)

Accordingly, the contempt application stands

dismissed.

However, dismissal of this application does not

preclude the applicant to take steps in accordance with

law, if so advised.

(Saugata Bhattacharyya, J.)