• Writ against kmc for notice under section 411

Kmc had sent us a notice under sec411, at the behest of promoters to evict us old tenants. we have filed a writ at kolkata high court. however in spite of the said writ being heard and is still in the monthly list, kmc has again issued a notice under sec 412(A). Now what to do. Do we file another writ against the new notice and dosent the second notice amount to sub judice contempt? Please advise what to do and what can kmc do after this.
Asked 4 years ago in Civil Law

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8 Answers

Hello,

If no stay has been passed in the first writ then issuance of second order does not amount to contempt. File another writ challenging the order and then get both the writ connected for final disposal.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firslty, with all due respect and concern, let me tell you that the writ which you have filed is sufficient for everything with regard to the same question of law as in your case “the notice”.

Secondly, you can make them a representation stating the pendency of the writ to not to take any action against you till the next date of hearing.

Thirdly, but, yes it is not the contempt for sure as it is only if you have got the order of status qua.

Fourhtly, if you feel like you can move an application for early hearing with the representation of second notice you sent to them or may not have sent them also to hear the matter as soon as possible.

Rest you can consult me through Kanoon for any further query with regard to the writ issue as I have been practising in Writs only at High Court of Delhi.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File an application before high court under same writ and ask court to consider the other notice also below same writ. Or you can seek a draft amendment by mentioning matter before court and can further add new notice in same writ you don't have to file new writ.

Further if there is no stay from.high court this is not contempt if there is stay then it is and a contempt proceedings can be started.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Did you get any stay order from Kolkata High Court?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

ake application in HC for urgent orders

2) seek stay against eviction

3) you can amend your petition and seek stay orders

4) it does not amount to contempt of court as there is no stay order as on date

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

as per facts, no stay appears in your case. so, 2nd notice is not subjudice. but, u can file interim application explaining the fresh facts to seek stay.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. The writ petition pending before the high court needs to be heard asap for which necessary actions can be taken.

2. Since another notice is issued you can challenge this notice as well by filing another writ petition.

3. Since no order of stay was passed in your first writ petition no contempt is committed by issuance of second notice.

4. To protect your interest in the property in the event you have to quit this place then declaratory suit is to be filed in civil court.

5. For further assistance feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

THE SECOND NOTICE HAS BEEN ISSUED UNDER DIFFERENT SECTION OF THE LAW.

YOU HAVE TO ISSUE A REPLY NOTICE INSTEAD OF GOING FOR WRIT PETITION AGAINST IT.

SINCE THIS NOTICE HAS BEEN ISSUED UNDER DIFFERENT SECTION AND MOREOVER AS THERE IS NO STAY AGAINST THE KMC YOU CANNOT TERM IT AS SUB-JUDICE CONTEMPT OR ANYTHING YOU MAY NAME IT.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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