Pranab Kumar Jana And ORS v. Tamali Das Block Land And Land Reforms Officer Sutahata -Ii And ANR

CPAN 1506 of 2023 in WPLRT 29 of 2021 DL-8 15.07.2024 Court No.26 Bench ID-266046 (AD) Pranab Kumar Jana & Ors.

Vs.

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

Mr. Salil Kumar Maity Mr. Debraj Bhattacharya ... for the petitioners.

Mr. Anirban Roy, Ld. GP Mr. Tapan Kumar Mukherjee, Ld. Sr. Advocate & LD. AGP Mr. Somnath Naskar Mr. Debraj Sahu ... for the alleged contemnors.

1. Petitioners complain of violation of the order dated July 5, 2023 passed in WPLRT 29 of 2021.

2. The portion of the order which the petitioners complain violation of, is the direction upon the State to correct the record of rights in terms of the order dated May 14, 1980 passed by the Revenue Officer exercising jurisdiction under Section 14T(3) of the West Bengal Land Reforms Act, 1955.

3. Affidavit submitted on behalf of the alleged contemnors be taken on record.

4. Affidavit of exception filed by the petitioners be also taken on record.

5. As noted above, the order dated July 5, 2023, inter alia, directs the State to implement the order dated May 14, 1980 passed by the Revenue Officer. The affidavit of compliance relies upon a Signed By :

ABHIJIT DAS High Court of Calcutta 15 th of July 2024 05:32:56 PM

bunch of record of rights in respect of the property belonging to the petitioners.

6. Learned Advocate appearing for the petitioners is requested to point out from such documents as to whether there was any wilful or contumacious violation of the order dated July 5, 2023 or not. Learned Advocate appearing for the petitioners is unable to draw our attention from the record of rights as to the alleged non-compliance of the order July 5, 2023.

7. Court is informed that, in terms of such order, State invoked Section 14T(3) of the Act of 1955 afresh. The petitioners approached the relevant Tribunal with regard thereto.

8. In such circumstances, we are of the view that there is no wilful or contumacious violation of the order dated July 5, 2023 warranting invocation of jurisdiction under the Contempt of Courts Act, 1971 or Article 215 of the Constitution.

9.

CPAN 1506 of 2023 in WPLRT 29 of 2021 is disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 15 th of July 2024 05:32:56 PM