Calcutta High Court (Appellete Side)
Mohan Pahan And Anr vs The State Of West Bengal And Ors on 12 June, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
Dd 22 12.06.2025
WPLRT/129/2023
MOHAN PAHAN AND ANR
VS
THE STATE OF WEST BENGAL AND ORS.
Mr. Aswani Kumar Bera,
Mr. Arijit Bera, Advocates
... ... For the petitioners
Mr. T. M. Siddiqui, Sr. Adv.
Mr. Supratim Dhar, Sr. Adv.
Mr. Suddhadev Adak, Advocates
... ... For the State
1. Writ petition is directed against an order dated
September 18, 2023 passed in MA 608 of 2019 (OA
1306 of 2018) (LRTT) by the West Bengal Land
Reforms and Tenancy Tribunal.
2. By the impugned order, learned Tribunal found that
the Deputy Secretary was directed to undertake
certain actions, by the order dated July 12, 2018
passed in OA 1306 of 2018 (LRTT) did so and,
therefore, dropped the contempt proceedings.
3. Learned advocate appearing for the writ petitioners
submits that, essentially, the writ petitioners are
entitled to an approval of a long term lease. The
same was directed to be done by the Deputy
Secretary of the Government of West Bengal by the
order dated July 12, 2018 in OA 1306 of 2018
(LRTT). Since, such Deputy Secretary did not act in
terms of such order, the writ petitioners filed MA
608 of 2019 (LRTT) which was disposed of by the
impugned order. He submits that, the ground taken
by the State respondents before the tribunal in the
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WPLRT/129/2023 contempt proceedings is that, the file is pending before the concerned minister. He submits that, the minister or any other agency of the State cannot negate the order dated July 12, 2018 passed by the tribunal directing approval of a long term lease.
4. State is represented.
5. We put a query to the learned advocate appearing for the writ petitioners as to whether, we can enlarge the scope of the writ petition, in WPLRT as the present one, which is essentially directed against an order passed by the tribunal. In response, learned advocate appearing for the writ petitioners leaves the issue to the Court.
6. As noted above, the order impugned before us is dated September 18, 2023 passed by the West Bengal Land Reforms Tribunal while considering an application under the Contempt of Court Act, 1971. The application being MA 608 of 2019 which resulted in the impugned order, speaks of violation of the order dated July 12, 2018 passed in MA 1306 of 2018.
7. The order dated July 12, 2018 requires the Deputy Secretary Government of West Bengal to dispose of the matter in accordance with law within a period specified therein. The concerned Block Land and Land Reforms Officer was also directed to communicate the gist of such decision taken by the Deputy Secretary within a reasonable time. Deputy Secretary was further directed to communicate the fate of the matter to the writ petitioners within the period specified therein.
8. A contempt petition filed being MA 608 of 2019 where the contemnors reported compliance in terms of the order dated July 12, 2018.
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9. In such circumstances, the order dated July 12, 2018 stood complied with.
10. The issue as to whether the State at different level did not take appropriate decisions, was not within the scope and ambit of the contempt proceedings, since the contemnor complied with the directions as contained in the original order dated July 12, 2018.
11. In such circumstances, we find no material irregularity in the order dated September 18, 2023 requiring our interference.
12. WPLRT/129/2023 is, accordingly, dismissed without any order as to costs.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)