Dilip Kumar Seth, J. - (1.) The petitioner had purchased plot Nos. 283 and 221 measuring about .17 and .14 acres from one Srish Chandra Mondal. The said Srish Chandra Mondal was subjected to a Big Raiyat proceeding being B. R. Case No of 1959 which was disposed of on 19th October, 1962. Thus, the petitioner was a post vesting transferee. Be that as it may, the petitioner having moved a writ petition apprehending that the said lands were vested, the writ petition being C.R. No. 2079(W) of 1983 was disposed of on August 28, 1991 by the following order:- "Since the petitioners are post vesting purchasers the only relief that the petitioners are entitled to in this rule is that they are at liberty to make an application before the authority concerned for settlement of the disputed land in their favour and, if such an application is made within a month from date, the same will be considered by the authority concerned in accordance with law after hearing the petitioners and by passing a reasoned order. Till one month after such disposal, the interim order, already granted, shall continue provided, however, the representation is made within the period as mentioned above, in default, this order shall stand recalled and the rule shall stand discharged. The rule is made absolute as above. No order as to costs."
(2.) Pursuant to the said order, the appropriate authority had passed an order on 17th August, 1998. Being aggrieved the petitioner has moved this application for contempt alleging that the respondents had violated the order dated 28th August, 1991 passed in C. R. No. 2079(W) of 1983.
(3.) Mr. Milon Bhattacherjee, the learned Counsel for the petitioner contends that though the alleged contemners had purported to pass an order but in fact with an ulterior motive and mala fide design they have passed an order which has not granted the relief as was directed by the Court. In fact, the alleged contemners by sheer mechanism had stood in the way of dispensing Justice and as such are liable under the Contempt of Courts Act.;