Kalyani Das vs Mostafizur Rahaman
2023 Latest Caselaw 5831 Cal

     22.
01-09-2023
(Ct. no.06)
 debajyoti
                IN THE HIGH COURT AT CALCUTTA
                       Special Jurisdiction
                        APPELLATE SIDE

                           CPAN 1033 of 2023
                                  in
                            MAT 1379 of 2022

                               Kalyani Das
                                   Vs.
                           Mostafizur Rahaman

              Mrs. Pampa Dey (Dhabal),
              Mr. Nikhil Kumar Gupta
                                         ... For the Petitioner.

                              Re : CPAN 1033 of 2023

                   This contempt application has been taken out
              alleging wilful violation of a judgment and order dated
              February 06, 2023 whereby MAT 1379 of 2022 and
              the connected application were disposed of.        The
              operative portion of the said judgment and order
              reads as follows:-


                         " However, the Competent Authority,
                   to whom the appellant has made a
                   representation, should decide the same
                   one way or the other.      Accordingly, we
                   direct the Competent Authority to whom
                   the      appellant     has     made    the
                   representation to dispose of the same by
                   a reasoned order in accordance with law
                   within a period of six weeks from the
                   date of communication of this order,
                   after    affording   an    opportunity  of
                   hearing to the appellant as also the
                   respondent no.12 or their authorized

representatives. The decision so taken shall be communicated to the concerned parties within a week from the date of the decision.

We make it clear that the Competent Authority shall decide the representation without being influenced by any observation in this order. The observations made in this order are only for the purpose of deciding

whether or not the appellant has any right in law which can be enforced by issuance of a writ of mandamus. "

Learned advocate for the petitioner says that the said order was duly communicated to the alleged contemnor herein under cover of a letter dated February 17, 2023. A copy of the receipted letter is at page 23 of the contempt petition. However, the alleged contemnor has taken no steps in terms of the order.

Let service of the contempt petition be effected on the alleged contemnor. An Affidavit-of-Service be filed on the next date of hearing.

List the matter on September 15, 2023.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)