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Calcutta High CourtRVW/302/2024dismissed

Pranab Kumar Jana And ORS v. Tamali Das And ANR

2025-05-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

06.05.2025 Item No.19 Ct. No.26 CHC R.V.W. 302 of 2024 Pranab Kumar Jana & Ors.

Vs.

Tamali Das, the Block Land & Land Reforms Officer, Sutahata-II & Anr.

in CPAN 1506 of 2023 in WPLRT 29 of 2021 Mr. Debraj Bhattacharya, Advocate Mr. Salil Kumar Maiti, Advocate ...for the review applicants/petitioners

1. Petitioners seek review of the order dated July 15, 2024 passed in CPAN 1506 of 2023.

2. Learned advocate appearing for the review applicants submits that, when the contempt petition was filed, the review applicants were not in possession of documents to establish that, the authorities acted in wilful and contemptuous violation of the order dated July 5, 2023. He submits that, review applicants are now in possession of documents to establish it to be so.

3. Learned advocate appearing for the review applicants submits that, he requires time to produce the documents in order to establish his contention that, the alleged contemnors are in wilful and contemptuous violation of the order dated July 5, 2023 and for such purpose he requires further time. He claims that, the review applicants are seeking justice since 1968.

4. We decided to consider the review application without issuing notice upon the respondents, in order to satisfy ourselves as to whether or not to entertain the review application at all.

5. There subsist a direction upon the State to correct the record of rights in violation of order dated May 14, 1980 passed by the Revenue Officer exercising jurisdiction under Section 14T(3) of the West Bengal Land Reforms Act, 1955.

6. Review applicants filed contempt petition complaining of violation of the order dated July 5, 2023 passed in WPLRT 29 of 2021. By the order dated July 5, 2023, State was directed to implement the order dated May 14, 1980 passed by the Revenue Officer.

7. At the time of consideration of the contempt petition, we called upon the learned advocate for the review applicants/contempt petitioners to point out any document which establishes that, there was any wilful or contemptuous violation of the order dated July 5, 2023 or not. In response to such query of the Court, learned advocate appearing for the review applicants/contempt petitioners were unable to draw our attention to any document of such nature on that date. Today also, the Memorandum of Review is not accompanied by any application seeking to rely upon any document purporting to establish the

alleged wilful violation of the order dated July 5, 2023.

8. As on July 15, 2024, when the contempt petition was being disposed of by us no material was placed before us to establish that, there was any activity on the part of the alleged contemnors which can be construed to be in wilful and contemptuous violation of the order dated July 5, 2023. So we proceeded to dispose of the contempt petition. Even today, the same situation remains.

9. In such circumstances, we find any merit in the review application.

10. R.V.W. 302 of 2024 is dismissed without any order as to costs.

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