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Calcutta High CourtCPAN/654/2024disposed

Tushar Kanti Ghosh v. Dhivya Loganathan Ias 24 Parganas North

2024-07-23The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya3 pages

23.07.2024 Item No.5 gd/ssd CPAN/654/2024 TUSHAR KANTI GHOSH VS DHIVYA LOGANATHAN, IAS, 24-PARGANAS NORTH in WPA(P)/554/2023 TUSHAR KANTI GHOSH VS STATE OF WEST BENGAL AND ORS.

Mr. Soujanya Bandyopadhyay ..for the Petitioner.

Md. T.M. Siddiqui, Mr. S. Adak ..for the alleged Contemnor.

1. This contempt application has been filed alleging disobedience of the order passed in WPA(P) 554 of 2023 dated 20.11.2023.

2. By the said order the writ petition was disposed of by directing the writ petitioner/contempt applicant to submit a comprehensive representation to the 11th respondent, namely, the Additional District Magistrate (LR) and the District Land and Land Reforms Officer, North 24-Parganas along with the copy of this order. The writ petitioner was also directed to enclose the copies of the earlier representation as well as other records which might be in their possession. On receipt of the representation, the authority was directed to conduct an inquiry after notice to all concerned and take action on merits and in accordance

with law. A time frame was fixed for compliance of such direction after filing of the contempt application.

3. Submission was made by Mr. T.M. Siddiqui, learned Government counsel that the authority will comply with the order, but requested for extension of time since at the relevant time all the officers were assigned election duty.

4. Accordingly, by order dated 23.04.2024 the time for compliance of the direction issued in the writ petition was extended till 28th June, 2024.

5.

The respondent authority, namely, the Additional District Magistrate (LR) and the District Land and Land Reforms Officer, North 24-Parganas has filed a compliance report dated 28th June, 2024 along with the annexures.

6. On perusal of the said report it is seen that the authority has taken action and for the purpose of conducting a detailed enquiry a team comprising of four officers have to be involved and since a comprehensive enquiry is required to be conducted, the authority has stated in the report that after the determination is done by the enquiry team and if all reports are in affirmative, then the matter will be proceeded as per West Bengal Land Reforms Manual, 1991 and following the exact guidelines as envisaged by Memo dated 26.04.2023 of the Department of

Land and Land Reforms and Refugee, Relief & Rehabilitation.

7. Thus, we find that the order and direction has been complied with and appropriate action has been taken and we expect the authority to earnestly take further action as stated in the compliance report more particularly in paragraphs 12 and 13 therein. The enquiry team shall be directed to expedite the enquiry process and if all reports are in affirmative, appropriate action be proceeded with as mentioned in paragraph 13 of the compliance report.

8. With the above observations, the contempt application stands disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)