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Judgment
Re : CAN 1998 of 2018
CAN 1998 of 2018 has been placed before me. In the said CAN and other applications, I along with my brother Judges, Justice Harish Tandon,
Justice Dr. Sambuddha Chakrabarti, Justice Debangsu Basak the Acting Chief Justice of the Calcutta High Court and myself have been arrayed as
respondents.
At the time of hearing the petitioner seeks that the matter be released as I am a party respondent. On a perusal of the said CAN the order dated 6th
March, 2018 has been annexed and this order was passed on the basis of the e-mail issued annexed to the mentioning slips. The e-mail was
continuously sent to the Judges and although criminal contempt was contemplated, cost of Rs. 17,000/- was imposed on the litigant in person so as to
dissuade him from writing the e-mails. It is because of this order that filing of CAN 1998 of 2018 was prompted. On a perusal of the said CAN,
except for the golden hour in medical emergency there is of no substance. This has been set out in the order dated 6th March, 2018. It is true that the
doctor was called to attend on the litigant in person as he was suffering from high BP, it was necessary to calm his nerves and the Court had to deal
with the said situation immediately. The said situation finds mention in the said order dated 6.3.2018. Although there is no challenge to the cost
imposed in the order dated 6.3.2018, at the maximum the petitioner in person was aggrieved by the cost imposed in the order dated 6.3.2018 but this
has not been addressed. Various allegations have been made in this application against myself so also the way it was conducted, but the relief sought
is not in any way connected with the order. The paragraphs in the said CAN is not connected with the reliefs of W.P. 25301 (W) of 2017 and is
totally divergent to the grounds set out therein. It is for this reason that CAN 1998 of 2018 cannot be maintained and as the petitioner is not ready and
willing to address the said issue, CAN 1998 of 2018 is dismissed. Accordingly, CAN 1998 of 2018 is dismissed.
The cost of Rs. 17,000/- imposed in order dated 6.3.2018 is waived. W.P. 25301 (W) of 2017 has been listed on 10th April, 2018 at 12 Noon on the
prayer of the litigant in person.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.