46. 23.07.2026 Court No.550 (Tanmoy) WPCRC/59/2021 NAKUL MONDAL VS KARTICK GHOSH and ANR In WPA/13499/2019 Mr. Jayak Gupta Ms. Prativa Ghatak Mr. Suprabhat Bhattacharya …for the petitioner. Mr. Sanjoy Ghosh …for the alleged contemnors. 1. One affidavit of compliance is filed today in Court on behalf of the alleged contemnor, Mr. Bibhuti Bhusan Ghosh, the present Chairman of Old Malda Municipality. Let it be taken on record. 2. Learned Counsel for the petitioner submits that previously same compliance report was filed from the side of the erstwhile Chairman of the said Municipality and against such affidavit of compliance, one exception was filed from the side of the petitioner. Learned Counsel further submits that he wants to rely upon the exception already filed on behalf of the petitioner since there is nothing new in the affidavit of compliance filed by the alleged contemnors today. 3. It appears from the records that the name of the present incumbent Mr. Bibhuti Bhusan Ghosh, as the Chairman of Old Malda Municipality, has not been incorporated in the cause title of the contempt petition. 2 The petitioner is given liberty to take appropriate steps for incorporating the name of the new incumbent in the cause title of the contempt petition. 4. Learned Counsel for the petitioner has drawn attention of this Court to several orders passed in this contempt application. He has also drawn attention of this Court to the original order. However, it appears from the records that on November 22, 2023, the Chairman, Old Malda Municipality, has passed a reasoned order in pursuance of the direction of the Hon’ble Court passed on December 24, 2019. The observation of the Chairman of the Old Malda Municipality is as follows:- “…That the premises in question was previously lying within the jurisdiction of Sahapur Gram Panchayat and thereafter in the year 1995 the said area was fall within the jurisdiction of this municipality vide previous ward No.16 at present 18 and the construction so constructed by the private respondent with the knowledge of the original owner of the said premises in question being the land less person by their predecessors during tenure of Sahapur Gram Panchayat and they are paying rent to the said gram panchayet to that effect. Moreover, this municipality has muted their names considering their physical possession since long and they are paying taxes to that effect and the original owner of the said property had never been tried to evict them from therein on any occasion or any manner. The writ petitioner after his so called purchase had been tried to creating disturbances into the peaceful possession of them. The private respondents possess the premises in question for more than 40 years by ousting the real owner of the property in question openly, adversely and with the knowledge of the whole world and they have acquitted right over the same as per law. 3 In view of the above discussion as well as considering the provisions of West Bengal Municipal Act it is crystal clear that this undersigned is not the competent authority to declare or discuss on the title of the respective parties hereto in respect of no unauthorized construction be found on the part of the private respondent as such the writ petitioner is not entitled to get any relief from this undersigned authority as prayed for. Considering all the above aspects the representation of the writ petitioner has no merit and the same is being disposed of as rejected. D.A. is directed to communicate the copy of this order upon the all concerned as well as the respective parties of the case.” 5. Now, the question is whether such reasoning will be accepted or not, is a different matter. The observation of the Chairman shows that he has gone beyond his jurisdiction since he had made some observations regarding the question of title of the petitioner to the relevant land. The Chairman of a Municipality cannot make any observation whether a private respondent has acquired any right, title and interest by way of adverse possession or not. However, it appears that there is a question of title which can be adjudicated in the civil court of law and accordingly, the petitioner has all the liberty to move the competent civil forum for declaration of his right, title and interest and also for recovery of the suit property in his favour. 6. The observation of the Chairman of Old Malda Municipality in his order dated November 22, 2023, will have no bearing in the civil proceedings. The observation made in the above reasoned order 4 regarding the question of title in the said land and property is hereby set aside. However, as I have found that the direction of the Hon’ble Court for passing a reasoned order has been complied with, there is no need for proceeding with this contempt application any further. 7. Accordingly, WPCRC/59/2021 stands disposed of. 8. Rule, if any, stands discharged. 9. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)