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2026 DAILYLAW 40646 (CAL)

SADHAN NARAYAN KUNDU AND ORS v. R. ARJUN, THE COLLECTOR, MURSHIDABAD

WPCRC/171/2026 · 2026-09-15

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 15.09.26 Item No.02 Sws.M WPCRC 171 of 2026 in WPA 17757 of 2024 Sadhan Narayan Kundu & Ors. VS R. Arjun, the Collector, Murshidabad Mr. Amit Kumar Pan Ms. Tanusri Santra …..for the petitioners Mr. Ajit Kumar Mishra, AGP …..for the alleged contemnor 1. Pursuant to the rule issued by this Court, the contemnor, R. Arjun, the Collector, Murshidabad is present in person and his presence is recorded. 2. The writ petitioners and the contemnor are represented by their respective learned counsel. 3. Mr. Mishra, learned AGP, appearing on behalf of the contemnor has filed a Memo dated 05.08.2026, as has been issued by the contemnor, which is taken on record. 4. This Court has meticulously gone through the entire materials placed before this Court. This Court has given its due consideration over the submissions of the learned advocates for the contending parties. 5. The instant contempt application is the outcome of alleged violation of the judgment dated 20.05.2025 as passed by this Court in WPA 17757 of 2024 (Sadhan Narayan Kundu and Ors. vs. The State of 2 West Bengal and Ors.). For effective adjudication of the instant writ petition, this Court considers that paragraph 28 of the said judgment dated 20.05.2025 is required to be looked into and the said paragraph is reproduced herein below for verbatim. “28. The respondent no. 3 is hereby directed to take appropriate steps for initiating proceeding for acquisition of the land of the present writ petitioners, particulars of which as mentioned in paragraph 2 of the instant wit petition as per the provisions of Act of 2013 and to complete such proceeding within 120 working days from the date of communication of this judgment and to pay the just compensation to the writ petitioners within four weeks thereafter.” 6. On perusal of the said paragraph 28 of the judgment as passed in WPA17757 of 2024, it reveals that the present contemnor was directed to take appropriate steps for initiating proceeding for acquisition of the land of the writ petitioner in accordance with the provisions of Act XXX of 2013 and to complete such proceeding within 120 working days from the date of communication of the server copy of the said judgment and to disburse compensation to the writ petitioner within four weeks thereafter. 7. Mr. Pan, learned advocate appearing on behalf of the petitioners submits that there was deliberate 3 violation on the part of the contemnor to comply with the said judgment dated 20.05.2025 and hence the instant contempt application has been filed. 8. However, on careful perusal of page 45 and 46 of the instant contempt application, being annexure – ‘P4’, it appears to this Court that the present petitioners under cover of their letter dated nill addressed to the Special Land Acquisition Officer, Murshidabad, Berhampore, Murshidabad, Pin-741101 as received on 17.11.2025 categorically stated that on account of their old age and on account of their financial stringency, they are willing to accept compensation in terms of Direct Purchase Policy as per the present market value, in the event such disbursement is made within a month. 9. In view of such, it appears to this Court that after issuance of the said letter to the Special Land Acquisition Officer, Murshidabad, Berhampore, as received on 17.11.2025, the present petitioners cannot complain and/or cannot ventilate their grievance that the judgment dated 20.05.2025, as passed by this Court in WPA 17757 of 2024 has been flouted by the contemnor. 10. In view of the discussion made in above, the instant contempt application being WPCRC 171 of 2026 is dismissed. 4 11. The rule, as issued against the contemnor is discharged and personal appearance of the contemnor is dispensed with. 12. Before parting with, this Court grants liberty to the writ petitioner to withdraw the letter as issued to the Special Land Acquisition Officer, Murshidabad, Berhampore, as received on 17.11.2025, if so advised. (Partha Sarathi Sen , J.)