DISTRICT : SOUTH 24 PARAGANAS.
IN THE HIGH COURT AT CALCATTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A NO. OF
2022
In the matter of:
An application under Article 226 of the
Constitution of India;
-And –
In the matter of:
Kamal Sardar, Son of
Year Ali Sardar, aged about 42 years, residing at Jagannathpur Bhangi Para,
Post Office – Ramkrishna Pally, Police Station – Narendrapur, Kolkata – 700150,
District – South 24 Parganas, Mobile Number : 7980637121.
.........Petitioner
-Versus-
1.
West Bengal State Electricity
Distribution Company Limited (WBSEDCL), through its Chairman, having his office
at Bidyut Bhavan, Salt Lake City, Kolkata – 700091.
2.
The State of West Bengal, through the
Secretary, Department of Power & Energy, Government of West Bengal, Bidyut
Bhaban, Salt Lake City, Kolkata – 700091.
3.
The Divisional Engineer, Office of the
Divisional Engineer, West Bengal State Electricity Distribution Company Limited
(WBSEDCL), at Garia Division, Garia Main
Road, Kolkata – 700084, District South 24 Parganas.
4.
The Regional Manager, West Bengal State
Electricity Distribution Company Limited (WBSEDCL), having its Baruipur
Regional Office, Mallickpur Opposite Church, Kolkata – 700144, District South
24 Parganas.
5.
The Chief Engineer (Distribution), West
Bengal State Electricity Distribution Company Limited (WBSEDCL), having its
office at 1st Floor, Vidyut Bhawan, Salt Lake, Kolkata – 700092.
6.
The Station Manager, West Bengal State
Electricity Distribution Company Limited (WBSEDCL), Garia, having its office at
Garia Main Road, Kolkata – 700084, District South 24 Parganas.
7.
The Block Land and Land Reforms
Officer ( B.L. & L.R.O ) Sonarpur, South 24 Parganas, having his Office at
Bose Pukur Road, Mission Pally, Rajpur Sonarpur, Kolkata – 700150, District –
South 24 Parganas.
8.
The Additional District Magistrate (
Land Reforms ), South 24 Parganas, New Treasury Building, Alipore, Kolkata –
700027, District – South 24 Parganas.
9.
The Officer-in-Charge, Narendrapur Police Station, Kamalgazi More.,
Narendrapur, Kolkata – 700103, District South 24 Parganas.
10.
The Superintendent of Police, Baruipur
Police District, having his Office at Zela Parishad Bhawan, Commercial Complex,
Baruipur Kulpi Road, Baruipur, Kolkata – 700144, District – South 24 Parganas.
____Respondents
11.
M/s. Devaloke Developers Limited,
having its Registered Office at Premises being no. 82, Garia Main Road,
Mahamayatala, Post Office – Garia, Police Station – Narendrapur, Kolkata –
700084, District South 24 Parganas.
.........Private Respondents
To
The Hon’ble Prakash
Shrivastava, Chief Justice and His Companion Justices of the Said Hon’ble
Court.
The
Humble petition of the petitioner above named –
Most Respectfully Sheweth:-
- That
the Petitioner is a Citizen of India, and has been residing at the address
given in the cause title of this application. Your petitioner is a
bonafide owner in respect of his Shali Land having an area of 36 decimals
comprising in Mouza – Jaganathpur, C.S. Dag no. 434, corresponding to R.S.
Dag no. 434, corresponding to L.R. Dag no. 476, C.S. Khatian no. 120, R.S.
Khatian no. 452, under Rajpur Sonarpur Municipality, Post Office –
Ramkrishna Pally, Police Station – Narendrapur, District – South 24
Parganas.
- That
the Private respondent is an occupant at the adjacent land of your
petitioner having Holding no. 1117, Sonarpur Station Road, Post Office
Ramkrishna Pally, Police Station – Naredrapur, Kolkata – 700150, District
South 24 Parganas, who is raising High rise construction of building structure
on land surrounded by the agricultural land without any valid permission
or approval of any sanctioned building plan from the concerned respondent.
- That
the Private Respondent erecting and constructing his illegal and
unauthorized high rise construction of the building structure, which cause
and effect in agricultural issues nearby and his compelling easement by
using the land as homestead created hurdles and difficulties in using land
in agriculture.
- That
the Private Respondent applied for electric connection at said illegal
construction on agricultural land, which came into knowledge while the men
and agents stocked Electric Equipment at the location nearby. The vicinity
people raised their objection in erecting Electric connection through cables
and other equipment at their Land in the agricultural field. The
petitioner has raised his objection with the vicinity people. As the
electric cable if grounded on the agricultural land owned by the other
persons, the cultivation and the easements will be highly effected.
- That
the Petitioner made his representation to the concerned respondent, with
prayer not to erect any electric connection in the agricultural field. As
there is no path way even to rich at the said illegal construction of the
private respondent surrounded by the agricultural land.
- That
the petitioner has never transferred his property to the Private
respondent or anybody else. The Private respondent started construction
work encircling a huge area where under the property of the petitioner
situated. The petitioner in possession of his property; but the Private
Respondent twice tried to dispossessed, the petitioner from his property.
On the fear of dispossession, the petitioner made written complaint on
28/04/2022 though the concerned respondent did not take any lawful
recourses. The Petitioner file a Civil Suit being T.S. no. 206 of 2022,
before the Learned 2nd Civil Judge ( Senior Division) Baruipur,
South 24 Parganas, against the Private Respondents and others, which is
still pending.
Photostat copy of the plaint is enclosing herewith and
marked as Annexure – “P-1”
- That
the Petitioner never given any “No Objection” to the Electricity Company
for supply of Electricity to anybody including the Private Respondent
through his Land. Therefore there is no consent has ever been given by the
petitioner as “Way Leave” permission to gain the electric connection by
the private respondent.
- That
the petitioner given his representation to the concerned electric company
through his Letter dated 4th day of July’ 2022, and
consequentially on 08th day of July’ 2022. But the concerned
respondent did take any steps which give indulgence in unlawful
acquisition of the private respondent.
Photostat copy of the representation and complained to the
concerned respondents, are enclosing herewith and marked as Annexure – “P-2”
Collectively.
- That the Petitioner and the vicinity
people have genuine objection in erecting any electric cable on their
agricultural land, which even does not have any path way to rich up-to the
said illegal construction of the private respondent on agricultural land.
If electric cables erected in the agricultural land, the same will affect
the fundamental essentials of life being agriculture and harvesting, etc.
The said illegal construction of the private respondent is under
construction and going on. The Petitioner preferred one Writ application
being WPA no. 12171 of 2022, before the Hon’ble High Court Calcutta, which
is pending.
Crave leave to produce the copy of the said Writ application
at the time of hearing before the Hon’ble Court.
- That
Your Petitioner states that the Private respondent is affluent and
influential and has scant regard to law and has threatening the petitioner
from raising any objection to the said illegal construction, and obtaining
electric connection by way of erecting cables in agricultural land. It may
be not be out of place to mention here that some men and officers of the
concerned respondents are involved in the acts, which has strength the might
and power of the private respondent and therefore the petitioner is
running a life of absolute misery.
- Your
petitioner submits that acts and activities of the private respondent in
connivance with the concerned respondent taking endavour in erecting cables
in agricultural land have not only hindered the extant rules of authorized
norms in providing electric connection but have also exceeded to hamper
the life and liberty of the petitioner and his family members and the
vicinity people, who are living is an absolute state of trauma in respect
of an anticipated untoward incidents which might occasion in harvesting
and cultivation on the agricultural field, although complained of, have
yielded no result.
- Your
petitioner being aggrieved and dissatisfied with the action on the part of
the respondent concerned begs to move the instant application under
Article 226 of the Constitution of India on the following amongst other:-
GROUNDS
I.
For that concerned respondent should not affect
the life and liberty of the petitioner and the vicinity people by erecting
electric cables in agricultural land which even do not have any path ways.
II.
For that the concerned respondent authorities
should have acts in a fair manner in handling the said issue of the petitioner.
III.
For that the concerned respondent authorities
erred in law by depriving the petitioner and the vicinity people from having
their grievances against the private respondents of unauthorized erection of
electric cables in agricultural land redressed.
IV.
For that the Private Respondent applied
for electric connection at said illegal construction on agricultural land,
which came into knowledge while the men and agents stocked Electric cables at
the location nearby. The vicinity people raised their objection in erecting
Electric cables at their Land in the agricultural field. The petitioner has
raised his objection with the vicinity people. As the cables if grounded on the
agricultural land owned by the other persons, the cultivation and the easements
will be highly effected.
V.
For that the petitioner has never
transferred his property to the Private respondent or anybody else. The Private
respondent started construction work encircling a huge area where under the
property of the petitioner situated. The petitioner in possession of his
property; but the Private Respondent twice tried to dispossessed, the
petitioner from his property. On the fear of dispossession, the petitioner made
written complaint on 28/04/2022 though the concerned respondent did not take
any lawful recourses. The Petitioner file a Civil Suit being T.S. no. 206 of
2022, before the Learned 2nd Civil Judge ( Senior Division)
Baruipur, South 24 Parganas, against the Private Respondents and others, which
is still pending.
VI.
For that the Petitioner and the vicinity
people have genuine objection in erecting any electric cable on their
agricultural land, which even does not have any path way to rich up-to the said
illegal construction of the private respondent on agricultural land. If
electric cables erected in agricultural land, the same will affect the
fundamental essentials of life being agriculture and harvesting, etc. The said
illegal construction of the private respondent is under construction and going
on. The Petitioner preferred one Writ application being WPA no. 12171 of 2022,
before the Hon’ble High Court Calcutta, which is pending.
VII.
For that the Private respondent is
affluent and influential and has scant regard to law and has threatening the
petitioner from raising any objection to the said illegal construction, and
obtaining electric connection by way of erecting cables in agricultural land.
It may be not be out of place to mention here that some men and officers of the
concerned respondents are involved in the acts, which has strength the might
and power of the private respondent and therefore the petitioner is running a
life of absolute misery.
VIII.
For that acts and activities of the private
respondent in connivance with the concerned respondent taking endavour in
erecting cables in agricultural land have not only hindered the extant rules of
authorized norms in providing electric connection but have also exceeded to
hamper the life and liberty of the petitioner and his family members and the
vicinity people, who are living is an absolute state of trauma in respect of an
anticipated untoward incidents which might occasion in harvesting and
cultivation on the agricultural field, although complained of, have yielded no
result.
IX.
For that non action of the concerned respondent
authorities, is highly illegal, unconstitutional, arbitrary, and violation of
all principle of natural justice and fair play.
X.
For that concerned respondent authorities should
have taken into consideration the complained served on the authority by the
petitioner.
XI.
For that even after receipt of the letter of
complaint from the petitioner, the concerned authorities had sat tight over the
issue and if no step is being taken by the authority failing which the Hon’ble
Court, then the rights and contentions of the petitioner and the vicinity
people would be seriously prejudice.
13. Your petitioner states
that the records of the instant case are lying outside the ordinary original
jurisdiction of the Hon’ble Court.
14. Your petitioner states
that the petitioner made complaints to the concerned authorities for immediate
redressal of the grievances but no steps have been taken by the concerned
respondent till date as such, a demand seeking justice would be an empty formality.
15. Your petitioner humbly
submits that there is no other remedy available to it and the prayers as made
herein, if allow shall redress the petitioner’s grievances effectively.
16. Your petitioner states
that due to paucity of time some facts may not have been incorporated and your
petitioner craves leave to file supplementary affidavit and your petitioner
further crave leave to produce and refer to relevant papers/ documents at the
time of hearing by way of filling a supplementary affidavit.
17. That this application is
made bona fide and in the interest of justice.
In the
circumstances the petitioner most humbly prays before the Hon’ble Court that
Your lordships’ would graciously be pleased to pass the following orders:-
a)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates to immediately stop
the erection of electric cables in agricultural land in giving electric
connection to the private respondent;
b)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates immediately initiate
an appropriate proceeding against the private respondent for not obtaining any
way leave permission in erecting electric cables in the agricultural land;
c)
A writ in the nature of mandamus directing the
concerned respondent authorities to take appropriate penal action as against
the private respondents in accordance with law on the complaint already made in
this behalf;
d)
A writ in the nature of mandamus directing the
respondent to produce all relevant records before the Hon’ble Court for proper
adjudication;
e)
Rule NISI in terms of prayers (a) to (d) above.
f)
An ad-interim order to stop the erection of
electric cables in agricultural land of the petitioner and the vicinity people,
till the disposal of the instant writ application.
g)
An appropriate order directing the respondent
authorities to file a report in this regard before the Hon’ble Court.
h)
Such other or further order or orders as your
Lordships may deem fit and proper.
And the petitioner as in duty bound shall ever
pray.
AFFIDAVIT
I, Sri Kamal Sardar,
Son of Year Ali Sardar, aged about 42 years, by faith Muslim, by Occupation
Business, residing at Jagannathpur Bhangi Para, Post Office – Ramkrishna Pally,
Police Station – Narendrapur, Kolkata – 700150, District – South 24 Parganas, do
hereby solemnly affirm and say as follows:
1. That I am the petitioner of this
application and I am well acquainted with the facts and circumstances of the
case.
2. That the
statements made in paragraph No. 1,2,3,5,6, & 7, are true to my knowledge
and those made in paragraphs 4,8, &
9, are true to my information derived from the records of the case and rest
paragraphs are my respectful submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed before me
on this the day of August, 2022.
I certify that all annexures
are legible.
Advocate.
COMMISSIONER
DISTRICT :South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2022;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Kamal
Sardar
………..Petitioner
-Versus-
West
Bengal State Electricity Distribution Company Limited (WBSEDCL), &
Ors.
……Respondents
WRIT PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
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