Tarapada Sandhaki & Ors vs Sudarshan Maity
2023 Latest Caselaw 6313 Cal

20.09.2023

Court No.6.

S. De C.P.A.N. 1264 of 2023 in MAT 606 of 2023

Tarapada Sandhaki & Ors.

Vs Sudarshan Maity.

Mr. T.K. Mahapatra, Smt. S. Pradhan, ...for the petitioners.

This contempt application has been taken out

alleging wilful violation of the judgment and order

dated April 24, 2023, whereby this Court had disposed

of MAT 606 of 2023 along with the connected

application. The relevant portion of the said judgment

and order reads as follows :

"We direct the Pradhan of the concerned Gram Panchayat to grant an opportunity of personal hearing to one of the writ petitioners and/or their representative and take a decision as regards the application made by the appellants/writ petitioners seeking permission to construct a temple on the plot of land mentioned hereinabove. The appellants will be at liberty to urge all points before the Pradhan including the point of deemed sanction. The Pradhan shall complete the entire exercise and pass a final reasoned order within 30 days from the date of receipt of a copy of

this order along with a copy of the writ petition. If the Pradhan is satisfied that this is a case of deemed sanction, necessary directions relating to construction will be passed by him."

Learned advocate for the petitioners say that the

said order was duly communicated by learned

advocate for the petitioners to the alleged contemnor

under cover of a letter dated April 26, 2023. The

alleged contemnor received such letter as would

appear from the track report annexed to the contempt

petition.

Let service of the contempt petition be effected

on the alleged contemnor and affidavit of service be

filed in Court on the next date.

List the matter once again on October 4, 2023.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)