IN THE SUPREME COURT OF INDIA

   CIVIL APPELLATE JURISDICTION

     CONTEMPT PETITION(C)No.30  OF  2008

                  IN

   CIVIL APPEAL NO.1329 OF 2007

   ASIT BARAN CHAUDHURI ...   Petitioner(s)                         Versus    MANGLA RAI & ORS. ...  Respondent(s)

O R D E R  

Having heard learned counsel for the respective parties,  

we  are  of  the  view that  having regard to  the  directions  which had been  

passed by this Court on 13th March, 2007 in Civil Appeal No.1329 of 2007,  

an application for contempt would not really lie.  In our said order, we had  

directed  the  appellant   to  consider  the  representation  made  by  the  

respondents in the said proceedings, in accordance with law, in the manner  

indicated  in the order itself.

-2-

However, it is the case of the  petitioner before us, that  

the said order was not complied with in letter and spirit and relying on the  

same  documents  which  had  earlier  been  relied  upon,  the  alleged  

contemnor/opposite parties have once again decided the matter against the  

petitioner.

Mr.  Mukherejee,  learned  counsel  appearing  in  support  of  the  

contempt  petition  submits  that  since  the  earlier  documents   had  been  

considered in the earlier proceedings and discarded, the authorities ought  

not  to  have  relied  on  the  same  while  disposing  of  the  petitioner's  

representation in terms of the directions given by us earlier.

While appreciating the submissions made by Mr. Mukherjee, we  

still are unable to hold that any contempt has been committed, and, on the  

other  hand,  it  is  always  open  to  the  petitioner  to  move  a  fresh  writ  

application  against  the  decision  of  the  concerned  authority/alleged  

contemnor/opposite  parties.   In  the  event,  such  application  is  filed,  the  

petitioner will be entitled to take all these points which have been taken in  

the  contempt  petition and having regard to  

-3-

the circumstances, the CAT should take steps to ensure that the application  

is disposed of as expeditiously as possible.   In addition to what has been  

mentioned hereinabove, we make it clear that we have not expressed any

opinion on the merits of the matter, and it  will be open to the Tribunal to  

decide the same.

The contempt petition is disposed of.

             ...................J.                                 (ALTAMAS KABIR)   

            ...................J.                         (MARKANDEY KATJU)           

New Delhi, December 15, 2008.