STATE OF WEST BENGAL Vs. ABDUL ODUD

JUDGEMENT

(1.) The writ petitioner/respondent No. 1 purchased 4 decimal of land on 13/7/1990 by virtue of a registered Deed of Sale, from the recorded owner Calcutta Road Transport Co-operative Society Limited and has been running a petrol pump thereon under the name and style of "Tutul Fuelling Centre". The said 4 decimal of land is adjacent to a government land measuring about 22 decimals comprised in Plot no. 5240. For the purpose of expansion of his petrol pump business the writ petitioner submitted an application before the District Land and Land Reforms Officer, Hooghly for granting long term lease in respect of the said 22 decimals of land on 9/4/2012, which was received by the office of the addressee on 11/4/2012. As there was no response from the concerned authority, the writ petitioner again submitted a representation dtd. 29/8/2012 but in vain. Thereafter the writ petitioner filed an application under Sec. 10 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 before the Land and Land Reforms Tenancy Tribunal and the same was disposed of on 8/8/2013 by the Tribunal directing the DL&LRO Hooghly to dispose of the representation of the applicant within a period of four months from the date of communication of the order after giving opportunity of hearing to all interested persons and to pass a reasoned order.

(2.) As the said direction was not complied with, a contempt notice dtd. 19/4/2021 was issued to the respondents of the writ petition for compliance of the order dtd. 24/2/2021. After receiving the said notice dtd. 2/7/2021, a hearing was fixed by the concerned officer on 14/7/2021 in the chamber of the Joint Secretary, Land and Land Reforms and Refugee Relief & Rehabilitation Department, Nabanna, Howrah. The hearing took place but no decision was communicated to the petitioner. Accordingly a contempt application being CPAN 629 of 2021 was filed by the writ petitioner before the learned Single Judge. The said contempt application came up for hearing on 9/12/2021 before the Learned Single Judge whereupon His Lordship was pleased to pass an order directing the petitioner to serve copies of the contempt application on the alleged contemnors. Upon receipt of the notice of the contempt proceeding the respondent no. 2 communicated to the petitioner the impugned order dtd. 14/9/2021 stating that the prayer for the long term settlement of the above piece of land in favour of the writ petitioner was considered and rejected. The Collector, Hooghly was also requested by the said order to remove unauthorized encroachment of the said land, if any, found on physical verification under West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962.

(3.) After considering the compliance report dtd. 14/9/2021 the Learned Single Judge in CPAN 629 Of 2021 dismissed the said contempt application and directed the petitioner to take appropriate steps in a competent Court of Law.