Abu Raihan And ORS v. Debnath Pal The Block Land And Land Reforms Officer Khargram

19.06.2024 Item No.38 Ct. No.26 CHC C.P.A.N. 1625 of 2023 Abu Raihan & ors.

Vs.

Mr. Debnath Pal, The Block Land and Land Reforms Officer, Khargram in WPLRT 154 of 2022 Abu Raihan & ors.

Vs.

The State of West Bengal & ors.

Ms. Joyee Maiti, Advocate ...for the petitioners Mr. Amitesh Banerjee, Sr. Advocate Mr. T. M. Siddiqui, A.G.P.

Mr. Mrinal Kanti Ghosh, Advocate ...for the alleged contemnor Petitioners complain of violation of the order dated June 21, 2023.

Affidavit filed in Court be taken on record.

By the order dated June 21, 2023, the Court directed the concerned Block Land and Land Reforms Officer to act in terms of the order dated March 6, 1997 passed by the High Court in CR 700(W) of 1986 within a period of four weeks from the date of communication of this order.

The order dated June 21, 2023 remains uncomplied with till the filing of the contempt petition.

During the pendency of the contempt petition, the concerned B.L. & L.R.O. acted in terms of the order dated June 21, 2023 and recorded the Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 20 th of June 2024 11:59:05 AM

subject property in the name of the writ petitioners of CR 700(W) of 1986.

Learned advocate appearing for the petitioners submit that, the petitioners are the heirs and legal representatives of the deceased writ petitioner of CR 700(W) of 1986. Respondents herein applied before the concerned B.L. & L.R.O. for mutation of the name of the petitioners in the record of rights.

Since, the Court directed the B.L. & L.R.O. to act in terms of the order dated March 6, 1997 passed by the High Court in CR 700(W) of 1986 and the concerned B.L. & L.R.O. did so, it cannot be said that, B.L. & L.R.O. acted in willful or contemptuous disregard of such order.

The right of the writ petitioners to obtain mutation of the subject property need not be decided in the contempt petition. The same is kept open. C.P.A.N. 1625 of 2023 is disposed of accordingly.

(Debangsu Basak, J.) (Partha Sarathi Sen, J.)