Calcutta High Court (Appellete Side)
Md. Alauddin Molla vs Md. Abdur Rajjak Molla on 19 August, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
19.08.2021 IN THE HIGH COURT AT CALCUTTA
Sl. No.25 SPECIAL CIVIL JURISDICTION
(PP) APPELLATE SIDE
(Via Video Conference)
WPCRC 18195 of 2008
in
WPA 21325 of 1999
Md. Alauddin Molla
Vs.
Md. Abdur Rajjak Molla
Mr. Prabir Banerjee
....for the applicant/petitioner.
Mr. Tapan Kumar Mukherjee,
Mr. Shamim ul Bari
....for the State respondent.
It is submitted by Mr. Prabir Banerjee that he has the instruction to appear on behalf of the applicant/petitioner. He has obtained "no objection"
from the erstwhile advocate. Mr. Banerjee is directed to file the vakalatnama in the department by 24th August, 2021. It is further submitted by Mr. Banerjee that the alleged contemnor, Md. Abdur Rajjak Molla was the District Inspector of Schools (SE), South 24- Parganas at the time when the contempt application was filed. He is no more occupying such office. In fact, according to the instructions received, it is submitted by Mr. Banerjee that the said Md. Abdur Rajjak Molla has also expired. It appears from the record that an application, being CAN 9319 of 2011, was taken out on or about 20th September, 2011 for bringing on record Smt. Swapna Aich, the then 2 District Inspector of Schools (SE), South 24-Parganas. The said application is still pending. It is also submitted that the said Smt. Swapna Aich is no more occupying the office and as such, the present incumbent to the office of the District Inspector of Schools (SE), South 24-Parganas has to be brought on record.
Had it been only addition of the present incumbent, the advocate-on-record for the petitioner could have been given leave to implead the said person by incorporating her name in the cause title but that is not so in view of the submission made that Md. Abdur Rajjak Molla has already expired and an application to add Smt. Swapna Aich as an alleged contemnor remains pending. The petitioner, therefor, has to make a formal application stating all these facts to bring the said present incumbent on record. The matter is adjourned till 9th September, 2021 to enable the applicant/petitioner to take steps in the meantime.
(Arindam Mukherjee, J.)