In
the Court of the
learned 2nd Executive Magistrate
at Alipore
M.P.Case No. of 2013
In the matter of:-
An application under section 144(2) Cr.P.C.
P.S. Behala And
In the matter of:-
Sri Manoj Hati
s/o sri Kangal
Hati
residing at
40/1,P.N.Mitra Lane,P.S.Behala
Kolkatta- 700041
…………. Petitioner
Vs.
Sri Basudeb Bag
s/o Jahar Bag
residing at 107/3,P.N.Mitra
Lane,P.S.Behala
Kolkata-700041
…………… Opposite Party
The
humble petition on behalf of the petitioner
Abovenamed.
Most respectfully sheweth:-
1. That your petitioner is a peace
loving and law abiding citizen in India.
2. That the petitioner is the owner of
the land measuring 1 cottah 07 chittacks and 29 square feet and a residential
one storied building thereon situated at 40/1, P.N.Mitra Lane,Ward
no.116,P.S.Behala, Kolkatta- 700041 more clearly and specifically described in
the schedule written hereunder and hereinafter called and referred to as the
said property.
3. That the petitioner has sold 80 sq.ft.shop
room out of 1 cottah 07 chittacks and 29 square feet of the northern portion
of the land to opposite party.
4. That your petitioners residential
house is also situated on the northern portion of the land and one common
passage is lying there.
5. That the opposite party trying to
occupy the common passage of the said property and opposite party restrained
your petitioner egress and ingress by making boundary wall.
6. That on 10.11.2013 at about 11.00 a.m.
the opposite party alongwith their men and agent and associate came to the spot
and started making pillar and boundary wall and also the opposite party trying
to grab the common passage and when your petitioner restrained the opposite
parties for stop their illegal work then opposite parties become furious and
dashed to your petitioner with filthy language.
7. That the opposite parties have got no
right, title and interest over the schedule property which is mentioned in the
schedule below. The petitioner intends to save the property from the opposite
party.
8. That finding no other alternative the
petitioner has lodged a G.D.E. being no.1170 dtd.10.11.2013 to the Behala
police station but unless this Ld. Court passes a specific order the police
will not take any action.
9. That the situation is very much
tensed and there are every possibilities of serious breach of peace due to the
continuous illegal over acts by the opposite party and their men and agents.
10.
That
the petition is made bonafide and for the ends of justice.
In
the premises, it is, therefore, prays that your
Honour would be graciously pleased to draw-
Up proceeding U/S 144(2)
Cr.P.C. against the
Opposite party and/or his men,agents of
Restraining him from making any illegal
Activities/ no obstruction on your petitioners
egress/ingress over the schedule
Property;
-AND-
In the meantime O/C Behala
P.S. may kindly
Be
directed to keep close vigil so that the
Opposite parties are not to do any illegal act
Over the schedule
property or to pass any such
Other order or orders as your Honour may
Deem fit and proper for the ends of justice.
And for this act of kindness, your
petitioner as in duty bound, shall ever pray.
SCHEDULE
All that piece and parcel of land
measuring 1 cottah 07 chittack and 29 sq.ft. in Ward No.116, R.S. No.186,Parguna-Magura,
Khatian No.1194, Dag Nos.312/499, Mouza-Siriti gram, J.L. No.11,P.S. Behala,
Postal address 40/1,P.N.Mitra brick field road, Kolkatta-700041,Dist. South 24
parganas butted and bounded:-
On the North : P.N.Mitra brick field Road
On the East :
312/499 No. Dag
On the West :
company’s land
On the South :
312/499 No.Dag
Verification
I, the petitioner do hereby solemnly
declare and state that the statements made in the foregoing paragraph no.1 to 9
are true to my knowledge and belief and rest are my respectfully submission
before this learned court and I sign this verification this day of November 11,
2013 at the court premises at Alipore.
Prepared in my chamber
Advocate
No comments:
Post a Comment