Hemant Mittal @ Hemant Kumar Mittal And ORS. v. Dawa Lamu Bhutia And ANR.

18.11.2025 Item No.10 Court No.1 CHC Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side C.P.A.N. 57 of 2025 Sri Hemant Mittal @ Hemant Kumar Mittal & Ors. Vs.

Ms. Dawa Lamu Bhutia & Anr.

in WPLRT 4 of 2024 Sri Hemant Kumar Mittal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Bapi Sarkar, Advocate Mr. R. Saha, Advocate ...for the petitioners Mr. Subir Kumar Saha, Ld. A.G.P.

...for the contemnors

1. Petitioner complains of violation of the judgment and order dated September 26, 2024 passed in WPLRT 4 of 2024.

2. By such order, we upheld the decision of the Tribunal who remanded the issues raised to be considered by the concerned Block Land and Land Reforms Officer, afresh.

3. Learned advocate appearing for the petitioners submits that, subsequent to the order dated September 26, 2024, the concerned Block Land and Land Reforms Officer took a decision, however, is not implementing the same.

4. We are of the view that, we need not invoke our powers under Article 215 of the Constitution of India or under the provisions of the Contempt of Courts Act, 1971, since, the conduct of the concerned Block Land and Land Reforms Officer cannot be construed to be willful violation or disobedience of our order dated September 26, 2024. BL & LRO took a decision subsequent to our order dated September 26, 2024. So far as implementation thereof is concerned, petitioners are not remediless. Petitioners can avail the remedies available to the petitioner in law.

5. CPAN 57 of 2025 is disposed of without any order as to costs.

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