LAWS(CAL)-2008-6-23

ANUP BISWAS Vs. STATE OF WEST BENGAL

Decided On June 02, 2008
ANUP BISWAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner has alleged that the contemnors/opposite parties have committed contempt by deliberately and wilfully violating the order of this Court dated 15. 10. 07 on W. P. No. 19280 (W) of 2007 being a writ petition filed by him. By the said order dated 15. 10. 07, the interim order passed on the petition on 19. 9. 07 was extended till 31. 1. 08 or until further orders, whichever was earlier. The court's order dated 19. 9. 07 had restrained the respondents from interfering with or disturbing the ferry service of the petitioner at Garaimari Ferry Ghat till 16. 10. 07 or until further orders, whichever was earlier. Pleading of the petitioners alleging contempt would be found in paragraph 14 of the contempt petition which is set out below:

(2.) AFFIDAVITS had been filed by the contemnors/opposite parties. At the time of hearing, the allegation regarding contempt was confined to the contemnors/opposite party nos. 4 and 5. While dealing with the allegation of contempt contained in paragraph 14 of the contempt petition, the contemnor/opposite party no. 4 in his affidavit has stated as follows:

(3.) RESPONDENT 5 in his affidavit-in-opposition has dealt with allegations contained in paragraph 14 of the petition stating as follows :