Sri Nabin Ghosh And ANR. v. Madhumita Mukherjee The S.D.O. Midnapore Sadar, Paschim Medinipur

13.03.2024 13.03.2024 Ct. No.10 b.das CPAN 190 of 2024 in WPA 1881 of 2023 Mr. Debasish Das Ms. Anulekha Bera Maiti ...for the applicants/petitioners.

Mr. Malay Singh Ms. Neelam Singh ...for the alleged contemnor.

An inadvertent error crept into the order passed on 7th February, 2024. In the said order WPA 1021 of 2023 be read as WPA 1881 of 2023.

The Department is directed to incorporate the necessary correction in the order accordingly. This order be treated as part of the order dated 7th February, 2024. Report submitted on behalf of the alleged contemnor and copy of the order passed by the Sub-Divisional Officer, submitted by the applicants are taken on record. Heard learned counsels for the parties.

It is submitted on behalf of the applicants/petitioners that pursuant to the order under contempt, Sub-Divisional Officer, Medinipur Sadar considered the representation submitted by the applicant/petitioners and by an order passed on 17th October, 2023, directed the encroacher to vacate the government land within 15th December, 2023. The

encroacher preferred an appeal against the said order, but no stay was granted by the appellate forum. The applicants/petitioners submitted an application before the Sub-Divisional Officer for implementation of the order passed on 17th October, 2023 which was disposed of by the Sub-Divisional Officer by an order dated 7th March, 2024 which records that the order passed by him earlier should be complied with within 31st March, 2024.

In view of the above, this Court is inclined to hold that the order under contempt has substantially been complied with. The contempt application being CPAN 190 of 2024 is disposed of.

There shall, however, be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)