Anindya Kumar Chattopadhyay v. Bidhan Chandra Ray The Dist Magistrate Purba Bardhaman And ORS

15.05.2024 15.05.2024 Ct. No.10 b.das CPAN 410 of 2024 in WPA 3151 of 2019 + CAN 1 of 2020 + CAN 2 of 2024 Mr. Tarun Kr. Das Mr. Anindya Bose ...for the applicant/petitioner.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the alleged contemnors. In re: CPAN 410 of 2024 Affidavit of compliance submitted on behalf of the alleged contemnor is taken on record.

Learned counsel for the alleged contemnors submits that in view of encroachments made on the State Highway proceeding under Section 10 of the West Bengal Highways Act, 1964 has been initiated against the alleged encroachers and notices under Sections 10(1) and 10(2) of the Act have been issued.

In view of the above, this Court is inclined to hold that the alleged contemnors are not guilty of violation of the order of this Court passed on 23rd December, 2020. However, since proceeding under Section 10 of the 1964 Act has been initiated, the concerned authority be directed to take the proceeding to its logical conclusion within two months from the date of communication of this order upon affording reasonable opportunity of

hearing to all concerned including the applicant/petitioner and the alleged encroachers, in accordance with law.

In view of the above, the contempt application being CPAN 410 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.

In re: WPA 3151 of 2019 + CAN 1 of 2020 + CAN 2 of 2024 The application being CAN 2 of 2024 is not in the file. The department is directed to put up the application along with the writ petition on the adjourned date. Let the matter appear under the heading "Group I Hearing" along with all connected applications on 26th June, 2024.

(Suvra Ghosh, J.)