Calcutta High Court (Appellete Side)
Pinaki Roy & Anr vs Samir Bhandary on 3 July, 2026
Author: Debangsu Basak
Bench: Debangsu Basak
03.07.2026
Item No.3
In The High Court at Calcutta
Court No.37 Special Civil Jurisdiction
CHC Appellate Side
(Rule
Drawn in in
separate sheet)
CPAN 652 of 2019
IA NO: CAN/1/2024
Pinaki Roy & Anr.
Vs.
Samir Bhandary, The Present Chairman, Arambagh
Municipality & Anr.
in
WPA 25330 of 2018
Mr. Malay Bhattacharya, Advocate
Mr. Madan Mohan Roy, Advocate
Mr. Hari Pada Nayak, Advocate
Mr. Subhrajoti Ghosh, Advocate, Advocate
...for the petitioners
Mr. Souhardya Mitra, Advocate
...for the Arambagh Municipality
.
1. Petitioners complain of violation of the order dated
February 1, 2019 passed in WP 25330(W) of 2018.
2. By such order, noting the rival contentions and the
report submitted, the Court arrived at a finding that,
there were unauthorized constructions on the land.
Removal of unauthorized constructions were directed.
3. After the contempt petition was filed, several
opportunities were granted to the contemnors to
comply with the order dated February 1, 2019.
4. Affidavits directions were given on June 12, 2026.
5. Contemnors chose not to file any affidavit to the
contempt petition.
2
6. Today learned advocate for the alleged contemnors
submits that, a further demarcation was undertaken
whereupon it was found that, no encroachment exist.
7. After the Court’s finding contained in the order dated
February 1, 2019 and after the parties not carrying
any appeal therefrom, such order and the findings
recorded therein are binding upon the parties.
8. The so-called subsequent demarcation is of no
consequence.
9. Since, the alleged contemnors persist in violating the
order dated February 1, 2019, let a Rule be issued
against the respondents.
10. In view of the conduct of the respondents, it would be
appropriate to direct each of the respondents to be
personally present on July 17, 2026, if the order
remains uncomplied with in the meantime.
(Debangsu Basak, J.)
