Rita Ghosh vs Sunil Ghosh & Anr
2021 Latest Caselaw 553 Cal

27.01.2021
Court No.13
Item no. 3+4
   sp
                                W.P.C.R.C. No. 1 of 2021
                                           In
                                  WPA 17482 of 2018

                                     Rita Ghosh
                                       -Versus-
                                  Sunil Ghosh & Anr.

                                (Via Video Conference)


                     Mr. Arun Naskar,
                     Mr. Girish Chandra Gupta,
                     Ms. Mousumi Konar
                                                      ...For the petitioner.
                     Mr. Soumik Ganguli,
                     Mr. Ashok Das,
                     Mr. S. Nandy
                                      ...for the alleged contemnor no.1
                     Mrs. Manjuli Chowdhuri,
                     Ms. Mekhla Sinha
                                           ...For Howrah Zilla Parisad

                     Mr. Debjit Mukherjee,
                     Ms. Rupsha Chakraborty
                                                           ...For the State.



                     Affidavits of compliance are filed today by Mr.

               Sunil Ghosh, Pradhan Narna Gram Panchayet. It

               appears from the said affidavits that both, the applicant

               in the contempt application i.e. the writ petitioner as well

               as the private respondent are guilty of violating the

Sanctioned plan. It is not understood as to why the

Pradhan, Narna Gram Panchayet has not taken steps to

demolish the unauthorized construction.

It is further submitted that the unauthorized

construction by the parties cannot be regularized under

the provisions of the West Bengal Panchayat Act. It is

expected that the Pradhan and the parties shall take

steps in accordance with law.

This Court finds unexplained delay in compliance

of the order of which contempt is alleged. This Court has

already recorded some reasons in the order dated

January 13, 2021.

The Pradhan, Narna Gram Panchayet is hereby

warned not to repeat his conduct and comply with

orders passed by this Court as expeditiously as possible.

This Court has not condoned the contempt committed by

the Pradhan.

This order shall be communicated to the B.D.O.,

Domjur Block and the District Majistrate, Howrah, for

taking suitable action as may be permitted in law.

With the aforesaid directions, the contempt

application being CPAN 1433 of 2019 is disposed of.

The personal presence of the alleged contemnors

is dispensed with. Rule, if any, shall stand discharged.

The Pradhan, Narna Gram Panchayet shall

resume his duties.

Urgent photostat certified copy of this judgment, if

applied for, be given to the parties upon compliance of all

formalities.

(Rajasekhar Mantha, J.)