Debasish Koley v. Nilotpol Chatterjee The Excu. Engg. Hooghly Dicision And ANR

th May, 2026 Item no.D/L 06 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Special Civil Jurisdiction Appellate Side Case No.

WPCRC 81 of 2026 In WPA 23768 of 2023 In the matter of :

Debasish Koley .... Petitioners VS.

Nilotpal Chatterjee & Anr.

....Contemnors For the Petitioner:

Mr. Sattwik Bhattacharyya Mr. Aashutosh Bhattacharyya ....Advocates For the Contemnors:

Mr. Suman Basu ....Advocate

1. Affidavit of compliance by the Executive Engineer, WBSRDA, Bankura Division filed in Court today is taken on record.

2. The contemnor no. 1 Mr. Nilotpal Chattaraj is personally present in Court. It has been submitted that the order of the Court was complied with within the stipulated time period and the reasoned order directed to be passed was also communicated to the petitioner via electronic mail and also through post.

3. It has been submitted that the contemnor no. 2, namely, Mr. Akshoy Bhowmick, the Executive Engineer, Hooghly WBSRDA is currently in Delhi and is not in a position to appear personally before this Court today.

4. Leave has been sought for to permit him to appear before this Court on 18th May, 2026.

5. On a perusal of the affidavit of compliance, it appears that the order dated 28th February, 2024 was passed by the Executive Engineer alleged in compliance of the order passed by the Court.

6. Learned advocate for the petitioner submits that the said consideration is not in accordance with the direction passed by the Court.

7. The Court is of the opinion that the legality and validity of the order dated 28th February, 2024 allegedly passed by the Executive Engineer, WBSRDA in accordance with the direction passed by the Court cannot be adjudicated in the contempt proceeding. The same give rise to a fresh cause of action.

8. It will be open for the petitioner to challenge the same in a fresh proceeding before the appropriate forum in accordance with law.

9. In view of the above, the contempt application stands disposed of.

10. The personal appearance of the contemnor no. 1 stands dispensed with. As the order of the Court appears to have been complied with, the requirement of personal appearance of the contemnor no. 2 also stands dispensed with.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)