M/S. Aalif Construction v. Kausik Samadder

04.04.2024 d.p.

In The High Court At Calcutta Special Civil Jurisdiction Appellate Side W.P.C.R.C 40 of 2024 in W.P.A. 8736 of 2022 M/s. Aalif Construction -versus Mr. Kausik Samadder Mr. Sujay Bandyopadhyay, Mr. Md. Kutubuddin, Mr. Md. J. Das, Mr. Pradipta Siddhanta, Mr. Subham Saha.

...For the Petitioner.

Mr. Sudipto Panda, Mr. Suman Singh.

...For the State.

The petitioner alleges non-compliance of the direction passed by the Court on 30th August, 2022. By the said order, the Block Development Officer was directed to consider and dispose of the representation filed by the petitioner within twelve weeks from the date of communication of the order. The petitioner, in the contempt application, has annexed the reasoned order passed by the Block Development Officer on 5th December, 2022.

It appears therefrom that the reason for nonpayment of the dues of the petitioner is clearly mentioned therein. The petitioner appears to be aggrieved by the reason for not releasing the payment as prayed for.

I am afraid that the Court sitting in contempt jurisdiction will not be the appropriate forum to decide the legality and validity of the order passed by the Block Development Officer.

It will be open for the petitioner to challenge the said order before the competent forum, if so advised. No further relief can be granted to the petitioner in the instant case.

In view of the above, the contempt application stands disposed of. The Contempt Rule stands discharged.

Mr. Kaushik Samaddar, Ex-BDO Mandir Bazar presently DNDC, Purba Burdwan, HQ is personally present in Court today. His personal appearance stands dispensed with.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)