Pannalal Pal And ORS. v. Purnendu Majhi

05.05.2025 Item No.6 Ct. No.26 CHC C.P.A.N. 1020 of 2022 Pannalal Paul & Ors.

Vs.

Mr. Purnendu Majhi, District Magistrate, Purba Medinipur & Anr.

in MAT 847 of 2020 Pannalal Paul & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Dilip Kumar Sinha, Advocate ...for the petitioners Mr. Dipanjan Datta, Sr. Govt. Advocate Ms. Sukanya Datta, Advocate ...for the Contemnors

1. Petitioners complain of violation of order dated November 9, 2021 passed in MAT 847 of 2020 with CAN/1/2021. Order was passed by a coordinate Bench. None of the Hon'ble Judges are available.

2. In view of the determination as fixed by the Hon'ble The Chief Justice the contempt petition is required to be decided by us.

3. Petitioners and the alleged contemnors are represented.

4. Learned advocate appearing for the petitioners submits that, the order dated November 9, 2021 required the alleged contemnors to examine the complaint of the appellants and if required to allow the appellants to file a fresh representation. He submits that, complaining of encroachment of public property, petitioners filed a representation under the

provisions of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. He submits that, the authorities are yet to remove the unauthorised occupants.

5. Learned advocate appearing for the alleged contemnors submits that appropriate proceedings under the provisions of the Act of 1962 were taken. The unauthorized occupants were removed. In support of such contention, he relies upon a writing of the Revenue Inspector dated April 25, 2025 countersigned by the Block Land and Land Reforms Officer dated April 28, 2025.

6. We find from such report that, 10 persons were removed from the Plot No.275/623.

7. The contention of the petitioners is otherwise.

8. We need not enter into such disputes of the fact in the contempt jurisdiction.

9. Petitioners are at liberty to approach the appropriate forum in the event, all encroachments as claimed by the petitioners were not removed in respect of Plot No.275/623.

10. CPAN 1020 of 2022 is disposed of accordingly without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)