Biswanath Samanta And Others v. State Of West Bengal And ORS.

88 & 89 sandip Ct. 18 19.05.2022 CPAN 655 of 2021 In W.P.A. 7463 of 2021 Biswanath Samanta & Ors.

Vs.

P. Ulganathan & Ors.

Mr. Amit Kumar Pan ... For the petitioners. Mr. Susovan Sengupta, Mr. Subir Pal ... For the contemnor. Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The writ petition being W.P.A. 7463 of 2021 was disposed of by the order dated March 24, 2021 with the following order :- "Mr. Chandi Charan De, learned Additional Govt. Pleader appearing for the State respondents, submits that the respondent no. 2 shall take appropriate measures for disbursement of the said compensation to the petitioners within three months from date.

In view of such stand being taken by the State, WPA 7463 of 2021 is disposed of by requesting the respondent no. 2 to pay the said compensation to the petitioners within the time as submitted by Mr. De."

This is an application alleging willful violation of the said order as the compensation amount has not been disbursed till date.

Mr. Susovan Sengupta, learned advocate appearing on behalf of the alleged Contemnors submits that the

compensation amount has been disbursed, in fact even prior to the order dated March 24, 2021, but the entire money has been paid to one of the heirs of the original awardee.

The application for contempt is filed by the other heirs and legal representatives of the said original awardee.

Primary duty casts upon the respondent authorities to identify the locus of the person receiving the money before disbursing, a detailed report regarding the disbursement in the form of affidavit is therefore necessary.

Let such affidavit be affirmed within two weeks after reopening of the Court following the ensuing summer vacation.

Let the application be listed one week thereafter. (Biswajit Basu, J.)