Anjan Kumar Ghosh v. Nilima Samanta, Block Development Officer, Haripal And ANR

20.03.2026 Sl. No.: 8 Court No.236 BM CPAN 1862 of 2025 ANJAN KUMAR GHOSH VS PAROMITA GHOSH, BLOCK DEVELOPMENT OFFICER, HARIPAL & ANR in WPA/4018/2024 ANJAN KUMAR GHOSH VS UNION OF INDIA AND ORS.

Mr. Kaustav Banerjee Ms. Ria Kundu ... for the petitioner Mr. Soumitra Bandyapadhyay Mr. Srinath Singha Roy ... for the alleged contemnor no.1 1.

The writ petitioner and the alleged contemnor nos.1 and 2 are represented by their respective counsel. 2.

Mr. Srinath Singha Roy, Learned Advocate appearing on behalf of the alleged contemnor nos.1 and 2 has filed compliance report supported by an affidavit after serving a copy of the same to the Learned Advocate for the writ petitioner.

3.

The compliance report as filed today is taken on record.

4.

It is submitted by Mr. Singha Roy that pursuant to the order dated 20.05.2025 as passed by this court in WPA4018 of 2024 the alleged contemnor no.1 has passed a reasoned order which is available at pages 66 to 71 of the report as submitted today.

5.

It is thus submitted by Mr. Singha Roy that in view of passing of the reasoned order by the alleged contemnor no.1 nothing to be decided in the instant contempt petition and thus the contempt petition may be disposed of.

6.

Per contra Mr. Kouatav Banerjee, Learned Advocate appearing on behalf of the writ petitioner however, contended that the alleged contemnor no.1 by passing the reasoned order dated 9.3.2026 has taken consideration of the materials of Title Suit No.236 of 2025 which is beyond the scope of his consideration in terms of the order dated 20.05.2025 as passed in WPA 4018 of 2024. It is contended that the alleged contemnor no.1 has thus flouted the order of this court and accordingly, appropriate order may passed against the alleged contemnors.

7.

I have meticulously gone through the entire materials placed before this court. I have given due consideration of the submissions of the learned advocates of the contesting parties.

8.

On careful perusal of the compliance report more specifically ; the report dated 09.03.2026 as submitted by the BDO, Haripal Development Block, District Hooghly, it appears to this court that the said BDO who is the alleged contemnor no.1 herein have considered all documents as directed to be considered by this court. The contemnor no.1 has also considered the

submissions of the writ petitioner prior to passing of the reasoned order.

9.

It further appears from the said report that while passing the reasoned order the said BDO noticed objection as raised by some local residents on account of pendency of Title Suit No.236 of 2025 and thus came to a finding that in view of pendency of the said Title Suit No.236 of 2025 before the jurisdictional Civil Judge, he is unable to take an appropriate decision for recommending acquisition or compensation on account of pendency of the said suit since in such Title Suit subject matter of dispute is the ownership of the land which is involved in the aforementioned writ petition i.e. WPA 4018 of 2025.

10.

In my considered view the view expressed by the said BDO is quite plausible one.

11.

It further appears that in the event the present writ petitioner is at all aggrieved with such reasoned order dated 09.03.2026, he is at liberty to ventilate his grievance before the appropriate forum.

12.

With the aforementioned observations the instant contempt application is disposed of.

( Partha Sarathi Sen, J. )