KARTICK CHANDRA MALI Vs. NAMITA MISTRY

JUDGEMENT

(1.) THIS is an application under Section 14 of the Contempt of Courts Act, 1971 and this has been filed by one of the writ petitioners of the W.P.(AN) No.167 of 2001 praying for imprisonment of the contemnor and other consequential reliefs for non -complying with the order dated 06th March, 2002 passed in W.P.(AN) No.167 of 2001.

(2.) THE petitioner and other 33 writ petitioners filed the aforesaid writ petition being W.P.(AN) No,167 of 2001 contending inter alia that in the year 2000, applications were invited from the villagers of V.K. Pur, Rabindra Nagar, Netajinagar and Hutbay for the purpose of allotment of 34 shops under the Panchayat Samiti. Accordingly, the petitioner was allotted a shop room at Rabindra Nagar P.S. Market under certain terms and conditions such as rate of rent was Rs.250/ - per month, the petitioner was required to deposit a sum of Rs.3,000/ - as security deposit, etc. The petitioner had complied with such terms and conditions, but he was not allotted any shop room. Thereafter, the local Panchayat Samiti issued a notice which was published in the Daily Telegram dated October 25, 2001 indicating that the allotment of shop rooms made by the previous Panchayat Samiti stood cancelled. Then under compelling circumstances, the 34 writ petitioners preferred the aforesaid writ application which was allowed and the impugned notice of cancellation of allotment was quashed. The respondents were also restrained from giving any effect or further effect to the said notification in any manner.

(3.) BEING aggrieved by such order of the learned Single Judge, the respondents preferred an appeal being MAT No.12 of 2002 along with an application being CAN No.26 of 2002 for condonation of delay in preferring the said appeal. By an order dated July 05, 2002, a Division Bench of this Hon'ble Court rejected the application under Section 5 of the Limitation Act for condonation of delay and in consequence the said appeal was also dismissed.