The State Of West Bengal & Ors vs Pritam Kanjilal & Ors
2023 Latest Caselaw 4043 Cal

4
Court
No. 11    03.07.2023
G.S.Das
                                          FMA 455 of 2023
                                     (Old No. MAT 316 of 2023)
                                               With
                                                 CAN 1 of 2023

                                     The State of West Bengal & Ors.
                                                   -Vs-
                                          Pritam Kanjilal & Ors.


                       Mr. S. N. Mukherjee
                       Ms. Tapati Samanta
                                                   ... for the Appellants/State


                       Ms. Debjani Sengupta
                       Mr. Abhijit Chatterjee
                       Ms. Koyel Bag
                       Ms. S. Haque
                       Ms. Jonaki Khan                       ... for the Writ petitioner

                       Mr. Pinaki Dhole
                       Mr. Pinaki Bhattacharya
                                                     ... for the State



                              Party/Parties is/are represented in the order of

                       their name/names as printed above in the cause title.

                              The appellants/the State of West Bengal are

                       represented by Learned Advocate General appearing

                       with Ms. Samanta, Learned Counsel.

                              The attention of this Court is drawn to the

                       Judgment and Order of the Hon'ble Single Bench

                       impugned in this appeal dated 18 th August, 2022 in the

                       writ petition, being WPA 10784 (W) of 2017.

                              The State submits that by an Order dated 30 th

                       June, 2023 in a Contempt Application filed on behalf of

                       the respondent no.1 to this appeal/the writ petitioner

in CPAN 12 of 2023, the Hon'ble Single Bench was

pleased to issue Rule on the alleged Contemnor Nos. 2,

3 and 4, who are the appellants herein, returnable on

14th July, 2023.

The Learned Advocate General submits that the

appellants/the State are ready to comply with the

Judgment and Order dated 17th March, 2023 (supra)

however, without prejudice to the rights and

contentions of the appellants in this appeal.

It is further submitted that an application has

been filed, being CAN 3 of 2023, for filing additional

grounds in this appeal.

Ms. Sengupta, Learned Senior Counsel

appearing for the respondent no.1/the writ petitioner,

submits that the Hon'ble Single Bench has given

enough opportunity to the alleged Contemnors to

comply with the Judgment and Order dated 17 th

March, 2023.

Having regard to the facts on record, it is

submitted that by an Order dated 19 th April, 2023, the

Hon'ble Division Bench has refused to grant an interim

order in this appeal. It is accordingly submitted that

the State is required to comply with the terms of the

Order dated 17th March, 2023 without further delay.

With the above observations, this Court directs

that the Contempt Application may be now placed

before the Hon'ble Single Bench for appropriate

adjudication.

The respondent/writ petitioner is granted the

opportunity to file an Affidavit-in-opposition to CAN 3

of 2023 (supra) within a period of three weeks from

date; Reply within three weeks thereafter.

Leave is also granted to the appellants to file

Informal paper Book(s).

Let copies of the Informal Paper Book(s) be

served on the respondent/writ petitioner.

Liberty to mention.

All parties to act on a server copy of this order

duly obtained from the official website of the Hon'ble

High Court, Calcutta.

(Supratim Bhattacharya, J.) (Subrata Talukdar,J.)