Disposed

Swapan Kr.. Achar and Ors. v. Purnendu Majhi and Anr.

Calcutta HC19 Apr 2022CPAN/8/2022

Case brief

AI extract

What is this about?

In contempt application C.P.A.N. 8 of 2022, the Court examined alleged violation of an order directing an inquiry regarding illegal plying of autos and totos. Finding substantial compliance and acknowledging the continuous nature of the enforcement process, the Court dropped the proceedings.

What did the court decide?

This contempt proceeding is dropped and the contempt application is disposed of.

Swapan Kr.. Achar and Ors. Vs Purnendu Majhi and Anr. — Contempt of Court | Calcutta HC (2022)

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33-34. 19.04.2022 Ct. No.06 Tanmoy

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C.P.A.N. 8 of 2022

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Swapan Kumar Achar & Ors. - Versus - Purnendu Majhi & Anr.

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Arising out of

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W.P.A. 4242 of 2020

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Mr. Anil Kumar Chattopadhyay, Adv.

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…for the petitioners.

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Mr. Ayan Banerjee, Adv., Ms. Debashree Dhamali, Adv.

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…for the alleged contemnors.

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Leave is granted to learned advocate-on-record for the petitioners to add the new incumbent in the post of the relevant Regional Transport Officer, as respondent/alleged contemnor in the contempt petition. Let necessary correction be carried out in the cause title of the contempt petition.

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This contempt application has been taken out for alleged violation of an order dated January 13, 2021, passed in W.P.A. 4242 of 2020 ( Swapan Kr. Achar & Ors. –Versus- The State of West Bengal & Ors. ) . The operative part of the said order reads as follows:

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“Having heard learned counsel for the parties, we direct the 3^rd respondent being the Regional Transport Officer, Purba Medinipur to conduct an

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enquiry into the matter in the light of allegations made in the writ petition and submit a report to the Regional Transport Authority. If the Regional Transport Authority finds that there is substance in the complaint made by the petitioners and autos & totos are plying illegally, the authority shall bring the same to the notice of the District Magistrate, Purba Medinipur and the Superintendent of Police, Purba Medinipur so that appropriate action can be taken for stopping such illegal plying of totos and autos.

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Let this exercise be completed within a period of eight weeks from the date of a copy of this order along with a copy of the writ petition being handed over to the Regional Transport Officer, Purba Medinipur by the petitioners.”

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The alleged contemnors have filed their affidavits. From the affidavits it appears that steps have been taken including conducting several raids and a number of illegal vehicles have been seized. Steps taken against the running of illegal vehicles have been detailed in the affidavits.

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It is apparent that the relevant authorities including the alleged contemnors have taken due steps to ensure that there is no illegal plying of autos and totos in the district of Purba Medinipur.

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We accept the submission of Mr. Ayan Banerjee, learned advocate appearing for the alleged contemnors that this is a continuous process and the order of this Court cannot be complied with in one go. We hope and trust that the authorities will ensure that there is no

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illegal plying of the autos and totos in the district of Purba Medinipur.

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We are of the opinion that there has been no deliberate or willful violation of the order dated January 13, 2021, passed in W.P.A. 4242 of 2020, by the alleged contemnors and there has been substantial compliance of the said order by the alleged contemnors. Accordingly, this contempt proceeding is dropped.

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The contempt application being C.P.A.N. 8 of 2022 is disposed of.

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Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

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(Kausik Chanda, J.) (Arijit Banerjee, J.)

Swapan Kr.. Achar and Ors. v. Purnendu Majhi and Anr.

Case brief

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Swapan Kr.. Achar and Ors. v. Purnendu Majhi and Anr.

Case brief

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