Rabindranath Sarkar v. State Of West Bengal And ORS.
02.02.
Ct. No. 24 Ab WPA 27545 of 2025 Rabindranath Sarkar Vs.
The State of West Bengal and others.
--------------- Mr. Satrajit Sinha Roy.
... for the petitioner.
Mr. Biplab Guha, Ms. Rinku Sen.
... for the State.
Ms. Parna Roy Chudhury, Ms. Trisa Chanda.
... for the respondent nos. 3 & 4.
1. The petitioner's grievance is that certain movables are still lying in the property, he had purchased from the borrower is quite unfounded. The petitioner had filed an earlier writ petition being WPA 10980 of 2024, in which orders have been passed by this Hon'ble Court. In fact, in a contempt application moved by the petitioner on the basis of the order of August 1, 2024, this Hon'ble Court specifically held in its order of July 28, 2025: <This Court finds that the petitioner's contention in the reply to the compliance report is baseless and without any legitimate foundation. It appears that the movables have been handed over to Mampi Sarkar, Rajdeep sarkar and also to Ranbindranath Sarkar and Rajdeep Sarkar on April 22, 2024 at 4.30 pm, in presence of the witnesses. All parties before the bank authorities affixed their signatures, categorically stating that all items had been taken back as per the inventory list of physical possession. No other item was left behind.
******************** This Court had directed that as per the inventory list the articles should be handed
over to the petitioner.
The affidavit of compliance records handing over of all the inventorized articles and the petitioner admitted having been returned the items as per the inventory list of physical possession. There appears to be no contempt.=
2. On the above findings, the contempt application was disposed of and the contempt proceedings were dropped.
3. In view of the afore-stated, the present writ petition is nothing but an attempt to reopen the issue, which has already attained finality in view of the orders of this Hon'ble Court.
4. The writ petition is dismissed. There shall, however, be no order as to costs.
5. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)