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2026 DAILYLAW 41316 (CAL)

SUDARSHAN BERA v. JYOTI GHOSH AND ANR

CPAN/1047/2026 · 2026-09-17

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.26 DL-05 Ct.-19 (S.R.) CPAN 1047 of 2026 Sudarshan Bera v. Mr. Jyoti Ghosh & Anr. in WPA 10793 of 2025 Mr. Subir Sabud Mr. Surajit Maity … for the petitioners. 1. The writ petitioner is represented by his learned counsel. 2. On perusal of the entire materials as placed before this Court including the server copy of the order dated 07.08.2025 as passed by this Court in WPA 10793 of 2025, it reveals that the jurisdictional SDO has already carried out the demarcation process and submitted his report before the jurisdictional Assistant Engineer, who is the alleged contemnor no.2 herein. It further appears from page no.35 of the instant contempt application that the alleged contemnor being the jurisdictional Assistant Engineer also passed a reasoned order dated 18.11.2025 directing the private respondents of the said writ petition to remove the encroachments. It further appears from page no.41 of the instant contempt application that after passing of the aforementioned reasoned order, the jurisdictional Sub-divisional Officer was approached for initiating appropriate proceeding under Section 10(2) of the West Bengal Highways Act, 1964 for initiating appropriate proceeding since the encroachers have not removed their encroachments. 3. In view of such, this Court finds sufficient compliance on the part of the alleged contemnor no.2 regarding the aforementioned order dated 07.08.2025. 4. In view of such, this Court finds that nothing remains to be decided in the instant contempt application. 5. With the aforementioned observations, the instant contempt application is disposed of. 6. There shall, however, no order as to costs. 7. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.) 2