- (1.) Heard learned counsel for both the parties. This appeal has been preferred to assail an order dated 20th March 2009 by the High Court at Calcutta in W.P.L.R.T. No.54 of 2009. The High Court placed reliance upon a Division Bench judgment of that very Court in the case of Manju Banerjee v. Debabrata Pal, 2006 1 WbLR 147 and held the writ petition preferred by the appellant to be not maintainable.
(2.) The issue raised in this appeal is whether a writ application is maintainable against an order of West Bengal Land Reforms and Tenancy Tribunal ('the Tribunal'), refusing to initiate contempt proceedings against an authority arrayed as respondent no.5 before the Tribunal. Such pristine question of law does not require any reference to the facts which led the appellant to file O.A.No.2744 of 2007 corresponding to M.A.No.24 of 2008 before the Tribunal with a prayer to initiate proceeding under the Contempt of Courts Act, 1971.
(3.) Learned counsel for the appellant has placed before us the Division Bench judgment of Calcutta High Court in the case of Manju Banerjee and has submitted that the view taken therein that there is no right of appeal against dismissal of contempt proceeding, is correct and requires no discussion but the further view that even in gross cases of palpable contempt the concerned informant aggrieved by refusal to initiate contempt proceeding can move only the Supreme Court under Article 136 of the Constitution of India, has been assailed on the ground that such observation in the judgment is on account of non-appreciation of relevant facts in the judgment of the Constitution Bench of Supreme Court in the case of L. Chandra Kumar v. Union of India, 1997 3 SCC 261.;