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Judgment
The contempt petition arises out of an order dated 27th September, 2002. The operative portion of the order reads as follows:
“I am sorry to say that the said explanation cannot be acceptable by the Court of law. Firstly one has to apply for allotment and thereafter, if the
allotment is given then certain other formalities are required to be completed. As soon as the authority concerned is called upon the petitioner to give
the enhanced rate of allotment and to file affidavit to satisfy the test of further requirement, it can be construed that allotment has already been made
subject to fulfilment of such conditions. Therefore, the petitioner’s case is not coming under the zone of non-allotment unless and until the
petitioner failed to comply with the above formalities. The allotment is already exists. Therefore, I do find that there is a positive case in favour of the
petitioner. I also find that the respondent authority has lost their interest in opposing this application. Therefore, the allotment of the plot of the land, if
any, in favour of the petitioner stands confirmed. Accordingly, the interim order which has been passed by this Court as far back as 28th September,
1994 stands confirmed. All the formalities for requisition of handing over possession of the plot of land etc. are to be completed by the respondents
within a period of one month from the date of communication of this order.â€
The petitioner says that since the said order was not complied with the instant contempt petition was filed. After filing of the contempt petition the
respondents in the writ petition preferred an appeal. The said appeal was dismissed and restored on several occasions. Against one of such order of
restoration dated 3rd August, 2018 the petitioner filed a Special Leave Petition which was numbered as Special Leave to Appeal(C) No. 25426/ 2018.
In the said Special Leave Petition by an order dated 30th August, 2019 the respondent in the writ petition being the appellant before the Division
Bench of this Court was directed to pay an amount of Rs.1,00,000/- to the petitioner as costs within a period of 4 weeks from the date of the said
order. The cost has been paid. Even thereafter the appellant was not serious in prosecuting the appeal and as such it was dismissed for default on 20th
February, 2020.
The petitioner says that no allotment of a plot of land in terms of the order dated 27th September, 2002 is yet to be made and as such the contempt
application is still alive. Records reveal that an amendment has been made to the contempt petition to bring on record the government official
occupying an office as and when his predecessor was superannuated and/or transferred. The petitioner submits that the petitioner is desirous in
proceeding with the contempt application and, as such, leave be granted to the petitioner to add the following parties as alleged
contemnors/respondents no.8, 9, 10 and 11 respectively :
Sri Khalil Ahmed, Principal Secretary, Urban Development Department, Government of West Bengal, Nagarayan, Sector â€" I, DF â€" 8, Salt
Lake City, Kolkata â€" 700 064.
Smt. Nandini Ghosh, Joint Secretary, Urban Development Department, Government of West Bengal, Nagarayan, Sector â€" 1, DF â€" 8, Salt Lake
City, Kolkata â€" 700 064.
Sri Manoj Kumar Sinha, Deputy Secretary, Urban Development Department, Government of West Bengal, Nagarayan, Sector â€" 1, DF â€" 8,
Salt Lake City, Kolkata â€" 700 064.
Sri Krishnendu Mitra, Deputy Secretary, Urban Development Department, Government of West Bengal, Nagarayan, Sector â€" 1, DF â€" 8, Salt
Lake City, Kolkata â€" 700 064.
Let the said persons be added as alleged contemnors/respondents no.8, 9, 10 and 11.
The Registry is directed to take necessary steps for amending the cause title of the contempt petition in the manner, as aforesaid. The amendment has
to be carried out by 27th August, 2021. The petitioner and/or his advocate shall serve a copy of the amended contempt petition on the added alleged
contemnors/respondents and file an affidavit of service on the next date.
Let this matter appear on 9th September, 2021 for further consideration.