Contempt application filed before the Single Bench despite allegations concerning violation of a Division Bench order; permitted withdrawal with liberty to file afresh before the Division Bench in light of Sailesh Kumar.
Liberty to withdraw and refile before the Division Bench
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IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ]
CPAN/28/2023 [ IN WPA/116/2022)
P.K.Madhavan
Vs.
K. Murugan
Mr. Gopala Binnu Kumar … for the petitioner Mr. Ratikanta Pal … for the respondent
August 28, 2024 [SR]
Item No.46
It is submitted by the parties that the issues involved in three writ petitions i.e. in the instant case wherefrom the order under contempt emanates being WPA/116/2022, WPA/132/2022 and WPA/131/2022 were considered by the different Single Benches. The order passed in all three writ petitions were assailed respectively in MAT/11/2022, MAT/12/2022 and MAT/14/2022 and were heard by a Division Bench on 21st November, 2022 comprising of Subrata Talukdar and Rabindranath Samanta, JJ.
The parties say that the violation alleged is in respect of the said order dated 21st November, 2022 passed by the Division Bench. The contempt application, therefore, shall lie before the Division Bench in view of the judgment of the Special Bench of Calcutta High Court reported in 2023 SCC OnLine Cal 1152 ( Sailesh Kumar vs. Ms. Smitha R, IAS and another) .
The contempt application was filed on 14th June, 2023 before the Single Bench without considering the judgment in Sailesh Kumar (supra) which was delivered on 18th May, 2023.
This contempt application is taken up for the first time today (28.08.2024). The affidavits have also not been invited.
The petitioner is permitted to withdraw the contempt application and file afresh on the self same ground before the Division Bench, if otherwise permissible in law.
CPAN/28/2023 is accordingly disposed of.
1 issue framed by the court
Whether a contempt application alleging violation of a Division Bench order lies before the Single Bench or the Division Bench.
Colour shows how this judgement treated each authority
Sailesh Kumar vs. Ms. Smitha R, IAS and anotherRelied on¶12
2023 SCC OnLine Cal 1152 · Who else cites this
P.K.Madhavan
K. Murugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
