Abarna Dutta & Anr vs Dhaval Jain & Ors on 11 August, 2025

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Calcutta High Court

Abarna Dutta & Anr vs Dhaval Jain & Ors on 11 August, 2025

Author: Amrita Sinha

Bench: Amrita Sinha

     OD-1                        ORDER SHEET

                               CC No. 56 of 2025
                              IA NO: GA/1/2025
                                     GA/2/2025
                               ARISING OUT OF
                              WPO No.193 of 2024
                   IN THE HIGH COURT AT CALCUTTA
                      Special Civil Jurisdiction [Contempt]
                                ORIGINAL SIDE



                               ABARNA DUTTA & ANR.
                                  VERSUS
                               DHAVAL JAIN & ORS.


  BEFORE:
  The Hon'ble JUSTICE AMRITA SINHA
  Date: 11th August, 2025.

                                                                      Appearance:
                                                              Mr. Rupak Ghosh, Adv.
                                                              Mr. Jayanta Sengupta, Adv.
                                                              Mr. Ayan Mitra, Adv.
                                                                            ...for Petitioners.

                                                              Mr. Biswaroop Bhattacharya, Adv.
                                                              Mr. Ayan Kumar Boral, Adv.
                                                                    ...for Applicant in
                                                                        GA/1/2025.

                                                               Mr. Oishik Chatterjee, Adv.
                                                                    ...for Applicant in
                                                                         GA/2/2025.

                                                               Mr. Gurudas Mitra, Adv.
                                                               Ms. Manisha Nath, Adv.
                                                                    ...for KMC.

                                                              Mr. Sakya Sen, Sr. Adv.
                                                              Mr. Dwijadas Chakraborty, Adv.
                                                                   ...for Debutter Estate.

                        Re:- GA/1/2025 & GA/2/2025
1.

Both the applications have been filed seeking intervention in the

contempt proceeding. The applicants allege that if the Court interferes

with the order that has been passed by the Special Officer (building),

then the rights of the applicants will be infringed.

2. Learned advocate representing the contemnors submits that the

Executive Engineer dealt with the matter and forwarded the same to the

Special Officer (building) allegedly in compliance of the direction passed

by the Court.

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3. On the last occasion the Court framed an issue as to whether the

applicants have a right of audience in the contempt proceeding.

4. Judgment delivered by this Court in the matter of Tandon Brothers

Vs. Rajesh Pandey & Anr. reported in 2008 SCC OnLine Cal 10 :

(2008) 2 CHN took note of the order passed by the Hon’ble Division

Bench of this Court in Nalini Ranjan Das Vs. Anup Singh, reported in

1990 (2) CLJ 190, which clearly laid down that the applicants do not

have any right of participation in the contempt proceeding. The

Contempt of Courts Act, 1971 and the Rules framed by this Court do

not provide for intervention by third parties. The provisions of the Code

of Civil Procedure as to addition of parties do not arise in the contempt

matter which is entirely between the Court and the contemnors.

5. In view of such authoritative pronouncements, the Court is convinced

that no opportunity of hearing can be given to the applicants in the

contempt proceeding. The applications for addition of party accordingly

fail and stand dismissed.

Re:- CC No. 56 of 2025

6. Perused the report filed by the Executive Engineer, Building

Department, Borough-II.

7. It appears that the Executive Engineer has forwarded the entire file to

the Special Officer (Building) to deal with the unauthorized

construction. The Special Officer (Building) has passed an order on 16th

April, 2025. The petitioner is aggrieved by the same.
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8. The Court is of the opinion that the petitioner ought to approach the

competent forum challenging the said order to test its validity.

9. It does not appear that there has been any wilful or intentional violation

of the order passed by this Court.

10. In view of the above, the contempt petition stands disposed of.

11. It will be open for the petitioner to approach the competent forum for

appropriate relief, if so advised.

12. Urgent photostat certified copy of this order, if applied for, be supplied

to the parties, upon compliance of all legal formalities.

(AMRITA SINHA, J.)

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