By Registered Post / Speed Post /
Ordinary Post
WITHOUT PREJUDICE
Date: 4th day of August’
2026
To
The Secretary
Sarsuna Khudiram Pally Samaj Kalyan Samity
A-31, Khudiram Pally, Talpukur Road,
P.S. Thakurpukur, Sarsuna,
Kolkata – 700061.
Subject: Notice Calling Upon You to Vacate and Deliver Peaceful and
Vacant Possession of Land Measuring 67.89 Decimals Situated at Mouza Paschim
Barisha, Comprised in C.S., R.S. & L.R. Dag No. 1022, C.S./R.S. Khatian No.
2295 Corresponding to L.R. Khatian No. 3185, Talpukur Road, Khudiram Pally,
P.S. Thakurpukur, District South 24 Parganas, Belonging to My Clients Miss
Kanika Sarkar and Smt. Anamika Ramudamu.
Sir/Madam,
Under the instructions and on
behalf of my clients, namely (1) Miss
Kanika Sarkar, daughter of Late Dhirendra Nath Sarkar and Late
Mira Rani Sarkar; and (2) Smt.
Anamika Ramudamu, wife of Sri Dhanlal Ramudamu, daughter of
Late Dhirendra Nath Sarkar and Late Mira Rani Sarkar, both presently residing
at Mira
Apartment, Premises No. 50, Bidhu Bhusan Sengupta Road, P.S. Parnasree
(formerly Behala), Kolkata – 700034, I hereby serve upon you
the following legal notice;
1.
That
Late Smt. Mira
Rani Sarkar @ Mira Sarkar was the absolute owner and was in
lawful possession and enjoyment of a piece and parcel of land measuring 67.89 (Sixty-Seven Decimal
Eight Nine) Decimals, lying and situated at Mouza – Paschim Barisha,
comprised in C.S.,
R.S. and L.R. Dag No. 1022, under C.S./R.S. Khatian No. 2295
corresponding to L.R. Khatian No. 3185, situated at Talpukur
Road, Khudiram Pally, within the jurisdiction of P.S. Thakurpukur and now
within the limits of the Kolkata Municipal Corporation.
2.
That
Smt. Mira Rani Sarkar died intestate
on 21.08.1994, leaving behind only her two daughters, namely Miss Kanika Sarkar
and Smt. Anamika
Ramudamu, as her sole legal heirs and successors. By operation
of law and in accordance with the provisions of the Hindu Succession Act, they
have inherited the aforesaid property and have become its absolute joint
owners, possessing every legal, equitable and proprietary right, title and
interest therein.
3.
That
my clients have repeatedly verified the revenue records and other relevant
title documents, all of which clearly establish their lawful ownership over the
aforesaid property. Your Samity has no lawful title, lease, licence, grant,
easement or any other legal authority to occupy or retain possession of any
portion of the said land.
4.
That
it has come to the knowledge of my clients that Sarsuna Khudiram Pally Samaj Kalyan Samity
has illegally and unauthorisedly occupied and is continuing to remain in
possession of the aforesaid land without obtaining any consent, licence,
permission or authority from my clients or their predecessor-in-interest. Such
occupation is wholly unlawful and constitutes an act of continuous trespass and
wrongful interference with the lawful ownership and possessory rights of my
clients.
5.
That
despite having no semblance of legal right, your Samity has continued to occupy
the said property, thereby depriving my clients of the peaceful use, enjoyment
and possession of their inherited property. Your continued unauthorised
occupation has caused my clients immense financial loss, inconvenience and
hardship, while simultaneously infringing their valuable proprietary rights
guaranteed under law.
6.
That
my clients have always acted fairly and have refrained from initiating
immediate legal proceedings in the hope that the matter would be resolved
amicably. However, despite the lapse of considerable time, neither possession
has been restored nor has any lawful explanation been furnished by your Samity
for such unauthorised occupation.
7.
Through
this Legal Notice, you are hereby called upon to vacate the entire land and hand
over peaceful, vacant and khas possession of the aforesaid
property to my clients within
fifteen (15) days from the date of receipt of this notice. You
are further directed to remove, at your own cost and responsibility, all
structures, installations, belongings, signboards or any other materials
standing upon the said land, if any, and restore the property to my clients
without causing any damage.
8.
You
are further called upon to desist from creating any third-party interest,
inducting any person, raising any construction, altering the nature and
character of the property, transferring possession, or dealing with the said
property in any manner whatsoever, as any such act shall be treated as illegal,
void and non-binding upon my clients.
9.
Kindly
take notice that if you fail, neglect or refuse to comply with the demands
contained herein within the stipulated period of 15 (fifteen) days,
my clients shall be left with no other alternative but to institute appropriate
civil and other legal proceedings before the competent Court of law for
recovery of khas possession, eviction, declaration of title, permanent and
mandatory injunction, mesne profits/damages for unauthorised occupation, compensation,
costs and all other consequential reliefs as may be available in law, entirely
at your risk as to costs and consequences.
10.
Please
further note that all costs, expenses, liabilities and consequences arising out
of such litigation shall be entirely borne by your Samity. Nothing contained in
this notice shall be construed as a waiver of any right, claim or remedy
available to my clients under any statute or general law, all of which are
hereby expressly reserved.
You are, therefore, advised to
treat this notice as most
urgent and to comply with the demands made herein within the
stipulated period to avoid unnecessary litigation.
A copy of this notice is
retained in my office for future reference.
Yours faithfully,
Sanjib Saha
Advocate
High Court Calcutta
Copy
to ;
The
Officer-in-Charge,
Thakurpukur
Police Station,
123/117,
Diamond Harbour Road,
Paschim
Barisha, Thakurpukur,
Kolkata
– 700063.
Near
Thakurpukur Bazar/ Opposite Vivekananda Collage,
Phone
No.: +91-33-2497-6680
/ +91-33-2461-6004
(or
mobile support via +91-6292258704)
Email: ps.takurpukur@kolkatapolice.gov.in
{for
information & necessary action only}
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