Calcutta High CourtCPAN/7/2023disposed

Shri B.Shanker And ORS. v. Mr. Dilkhush Meena, Ias

2023-04-26Hon'Ble Justice Biswajit Basu2 pages

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CPAN/7/2023 B. Shanker and Others Vs.

Dilkhush Meena, IAS Mrs. Anjili Nag ... for the petitioners Mr. V. S. Sivabalan ... for the respondent April 26, 2023 (SR) Item No.17 This is an application for contempt alleging willful and deliberate violation of the order dated February 03, 2011 passed by his Lordship Justice Soumitra Pal (retired) in WP No. 815 of 2009 (B. Shanker and others vs. Lieutenant Governor and others). In course of hearing of the application, the parties have arrived at a settlement.

Today Mr. Sivabalan files a supplementary affidavit affirmed by the present Land Acquisition Collector (Incharge). Let it be kept with the record. The deponent of the said supplementary affidavit in paragraph no.3 undertakes that although the possession of the subject landed property was never taken from the joint recorded tenants, on the demand from the petitioners herein, the possession of the subject land will be handed over to joint recorded tenants after conducting proper demarcation. The said paragraph 3 of the said affidavit is reproduced below:-

"3. That although, the possession of the subject landed property was never taken from the joint recorded tenants, on the demand from the petitioners herein the assurance is given that the possession of the subject land will be handed over to the joint recorded tenants of the subject land after conducting proper demarcation." In view of the above, the contempt application is disposed of.

It is made clear that notwithstanding disposal of the present contempt application on the above terms, the petitioners shall be at liberty to apply for compensation and/or damages in accordance with law.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.

( Biswajit Basu, J.)