IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION (Appellate Side)

PRESENT:

THE HON’BLE JUSTICE RAJARSHI BHARADWAJ &

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CPAN 1182 of 2023 In WPA (P) 507 of 2022 Bhabani Prasad Bhattacharjee Vs.

Smt. Priyanka Singla & Anr.

(Assigned)

For the Applicant : Mr. K.B.S. Mahapatra Mr. Kashinath Bhattacharjee Mr. Aditya Shit For the State : Mr. Jahar lal De, Ld. AGP Mr. Rudranil De Heard on : 12.12.2025 Judgment on : 17.12.2025 Dr. Ajoy Kumar Mukherjee, J.

1. A writ application being WPA (P) 507 of 2022 was preferred before a Division Bench of this Court, alleging that a big pond namely ‘Santosh Sayar’ measuring about 1 acre and 73 decimal, situated at Dag no. 993, JL no. 065, Mouza-Kulchanda in the District of Purba Burdwan, is being filled up under the political and administrative patronage and thereby illegal constructions are also made with the help of local administration and for which the local villagers are suffering a lot because that is the only pond in the said village and they are heavily dependent on the said pond for their survival.

2. A Division Bench of this High Court by an order dated 14th March, 2023,was pleased to dispose of the said Writ Petition with the following observation:-

“Hence, we dispose of the present petition permitting the petitioner to file a comprehensive re-presentation along with all the relevant material before the respondent No.2, who on receipt of the same will give an opportunity of hearing to all the concerned parties and also conduct an enquiry if required and take appropriate action in accordance with law.

Let the above exercise be completed within a period of three months from the date of receipt of the representation.”

3. The Applicant herein alleged in the instant Application that the alleged contemnor deliberately did not comply the said order of this court. Though notice was given but they have not given any importance to the solemn order.

4. The alleged contemnor appeared and filed compliance report contending that they never violated any order passed by this Court and according to the alleged contemnor the allegation as made by the Applicant in the contempt Petition is not sustainable. The Petitioners/Applicants herein were constantly absent during hearing and thereby the authority disposed of the issue in compliance with the order of this court dated

14.03.2020 by a reasoned order.

5. Being aggrieved by the said compliance report the petitioner filed exception to the compliance report, wherein it has been contended that though in the compliance report it has been alleged that the petitioner remained absent for all the three consecutive dates of hearing, but said allegation is untrue as though the petitioner could not be present physically but his authorized representative was present, who made his submission and it has been recorded. Applicant alleged that compliance report is untrue. The local administration are involved in managing fund for filling up the pond and making construction therein. Infact no enquiry was done from the villagers who are dependent upon the pond and who are worst sufferer for illegal and unlawful encroachment and construction.

6. We have considered submissions made on behalf of the both the parties. On perusal of the compliance report as well as available documents in the record, it appears that from the Record of Rights as well as from the copy of the Mouza Map, that plot no. 993 is a water body and it is also not disputed that the area of such water body is measuring 1.73 acres. The prescribed authority heard in respect of the issue in controversy and during the hearing BL & BLRO, Bhatar, submitted that the said pond was measured and they found its length as 235.5ft, 296ft, 250ft and 325 ft on Southern, Eastern, Northern, and Western Side respectively and thereby it was found that the water body measuring 1.73 acres remains intact and the same is free from all encumbrances and nothing was brought to the notice of the enqui