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:
Anowar
Ali Mondal, Son of Akkach Ali Mondal, aged about 72 years, residing at Teghari
Chani Para, Post Office – Ramkrishna Pally, Police Station – Narendrapur,
Kolkata – 700150, District – South 24 Parganas, Mobile Number : 8420864170.
______Petitioner
-Versus-
1)
The State of West Bengal, Service
through the Secretary, Department of Urban Development & Municipal Affair,
having it’s office at Nagarayan Bhavan, Block DF 8, Sector I, Salt Lake City,
Second Avenue, Bidhan Nagar, Kolkata – 700064.
2)
Rajpur Sonarpur Municipality, having
its office at Premises being no. 27, Netaji Subhash Chandra Bose Road, Post
Office – Harinavi, Police Station – Sonarpur, District – South 24 Parganas, Pin
– 700148.
3)
The Chairman, Rajpur Sonarpur
Municipality, having its office at Premises being no. 27, Netaji Subhash
Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur, District
– South 24 Parganas, Pin – 700148.
4)
The Vice Chairman, Rajpur Sonarpur
Municipality, having its office at Premises being no. 27, Netaji Subhash
Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur, District
– South 24 Parganas, Pin – 700148.
5)
The Councilor for Ward no. 8, Rajpur
Sonarpur Municipality, having its office at Premises being no. 27, Netaji
Subhash Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur,
District – South 24 Parganas, Pin – 700148.
6)
The Assistant Engineer in Charge PWD, Rajpur
Sonarpur Municipality, having its office at Premises being no. 27, Netaji
Subhash Chandra Bose Road, Post Office – Harinavi, Police Station – Sonarpur,
District – South 24 Parganas, Pin – 700148.
7)
The Sub-Assistant Engineer, Local Office Engineer-in-Charge,
Rajpur Sonarpur Municipality, having office at Premises being no. 149, Haridhan
Chakraborty Sarani, Khirishtala, Police Station – Sonarpur, Kolkata – 700150,
District – South 24 Parganas.
8)
The Geotechnical Engineer, Rajpur Sonarpur Municipality,
having its office at Premises being no. 149, Haridhan Chakraborty Sarani,
Khirishtala, Police Station – Sonarpur, Kolkata – 700150, District – South 24
Parganas.
9)
The Officer in Charge of Police, Naredrapur Police Station,
Kamalgazi More, Naredrapur, Kolkata – 700103, District South 24 Parganas.
____Respondents
10)
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. Email : sukanta_kundu12000@yahoo.co.in
11)
Debjit Mahapatra, Son of Chanchal Kumar Mahapastra, residing
at Hatibari, Contai, Post Office & Police Station –
Contai, Purba Medinipur – 721401, West Bengal.
12)
Tanushree Roy, Wife of Debjit
Mahapatra, residing at Uttar Darua, Mansa Tala, Post Office – Contai, Police
Station – Contai, Purba Medinipur – 721401, West Bengal.
13)
Santanu Dutta, Son of Manik Lal Dutta,
residing at Premises being no. 8E, 5th Phase, Adarshnagar, near
Sonari Gurudwara, Jamshedpur, Post Office – Sonari, Police Station – Sonari,
Jharkhand – 831011.
14)
Tanusree Dutta, wife of Santanu Dutta,
residing at Premises being no. 8E, 5th Phase, Adarshnagar, near
Sonari Gurudwara, Jamshedpur, Post Office – Sonari, Police Station – Sonari,
Jharkhand – 831011.
15)
Duhita Bakshi, Daughter of Ranjit
Bakshi, residing at Premises being no. 24, Baishnabghata Road, Post Office –
Naktala, Police Station – Patuli, Kolkata – 700047, District South 24 Parganas.
16)
Tandra Bakshi, Wife of Ranjit Bakshi,
residing at Premises being no. 24, Baishnabghata Road, Post Office – Naktala,
Police Station – Patuli, Kolkata – 700047, District South 24 Parganas.
17)
Chitra Samanta, wife of Suman Kumar
Samanta, residing at Premises being no. 189/6, Kasba Road, Rathtala More, Post
Office – Kasba, Police Station – Kasba, Kolkata – 700042, District South 24
Parganas.
18)
Suman Sarkar, Son of Late Subimal
Kumar Sarkar, residing at Premises being no. 565, Harisabha Math, Usha Park,
Post Office – Garia, Police Station – Bansdroni, Kolkata – 700084, District
South 24 Parganas.
19)
Swarnali Sinha Sarkar, Wife of Suman
Sarkar, residing at Premises being no. 565, Harisabha Math, Usha Park, Post
Office – Garia, Police Station – Bansdroni, Kolkata – 700084, District South 24
Parganas.
20)
Avik Bhattacharya, Son of Prabhatesh
Bhattacharya, residing at Kousambi Co-operative Housing Complex, Post Office –
Bidhannagar, Police Station – New Township, District Paschim Bardhaman, Pin –
713212.
21)
Priyanka Kumari Sharma, Wife of Sri
Vimal Kumar Sharma, residing at Premises being no. 503, Upohar Complex, Post
Office – Panchasayar, Police Station – Purba Jadavpur, District South 24
Parganas, Kolkata – 700094.
22)
Vimal Kumar Sharma, residing at
Premises being no. 503, Upohar Complex, Post Office – Panchasayar, Police
Station – Purba Jadavpur, District South 24 Parganas, Kolkata – 700094.
23)
Sumita Poddar, Wife of Sri Shyamal
Podder, residing at Premises being no. B/48, Rabindra Pally, Post Office
Baghajatin, Police Station Patuli, Kolkata – 700086, District South 24
Parganas.
24)
Subhadip Poddar, Son of Shri Shyamal
Podder, residing at Premises being no. B/48, Rabindra Pally, Post Office
Baghajatin, Police Station Patuli, Kolkata – 700086, District South 24
Parganas.
25)
Debjani Chowdhury, Wife of Sri
Angshuman Chaudhury, residing at Premises being no. 260, P. Majumder Road,
Mandir Para, Post Office – Haltu, Police Station – Kasba, Kolkata – 700078,
District South 24 Parganas.
26)
Soumik Banerjee, Son of Samir
Banerjee, residing at LOhar Pool Unit, New Town, South Netaji Road, Post Office
– Alipurduar, Police Station – Alipurduar, District Alipurduar, Pin – 736121.
27)
Chumki Chakrabarti, Wife of Indranil
Chakrabarti, residing at Premises being Section C-8/202, Kansai Mohan Puram
Complex, Ambarnath East, Post Office Ambarnath, Police Station – Shivajinagar,
District Pune, Pin – 421501, Maharashtra.
28)
Bidisha Chakrabarty, Wife of Sri Rahul
Datta, residing at premises being Sahid Khudiram Sarani, Post Office – Nimta,
Police Station – Nimta, Pin – 700049, District – North 24 Parganas.
29)
Rahul Datta, Son of Adhirendra Datta,
residing at premises being Sahid Khudiram Sarani, Post Office – Nimta, Police
Station – Nimta, Pin – 700049, District – North 24 Parganas.
30)
Anusuya Datta Kapur, Wife of Swarendu
Kapur, residing at premises being Solda Para Tank Road, Ashoknagar, Ichhapur,
Police Station – Noapara, Post Office – Nwabganj, Pin – 743144, District North
24 Parganas.
31)
Swarnendu Kapur, Son of Amal Kapur,
residing at premises being Solda Para Tank Road, Ashoknagar, Ichhapur, Police
Station – Noapara, Post Office – Nwabganj, Pin – 743144, District North 24
Parganas.
32)
Lopamudra Sarkar, Wife of Surajit
Sarkar, residing at Premises being no. 3, Vally Park Extension, Post Office
Garia, Police Station Patuli, Kolkata 700084, District South 24 Parganas.
33)
Surajit Sarkar, Son of Arun Kumar
Sarkar, residing at Premises being no. 3, Vally Park Extension, Post Office
Garia, Police Station Patuli, Kolkata 700084, District South 24 Parganas.
34)
Anupam Das, Son of Janardan Das,
residing at Premises being no. 48, D.P.P. Road, Post Office – Naktala, Police
Station – Jadavpur, Kolkata – 700047, District South 24 Parganas.
35)
Chaitali Ghosh, Wife of Anupam Das,
residing at Premises being no. 48, D.P.P. Road, Post Office – Naktala, Police
Station – Jadavpur, Kolkata – 700047, District South 24 Parganas.
36)
Chanda Jha, Wife of Sanjay Kumar
Mishra, residing at premises being Kailash Bhawan, Road no. 03, Post Office
Shastrinagar, Police Station Kasim Bazar, District Munger, Pin – 811201, Bihar.
37)
Sanchita Roy Chowdhury, Wife of
Soumyendu Dasgupta, residing at premises being no. 936, Nilgopal Park,
Brahmapur Srirampur, Post Office Garia, Police Station Bansdroni, Kolkata
700084, District South 24 Parganas.
38)
Soumyendu Dasgupta, Son of Dibyendu
Dasgupta, residing at premises being no. 936, Nilgopal Park, Brahmapur
Srirampur, Post Office Garia, Police Station Bansdroni, Kolkata 700084,
District South 24 Parganas.
39)
Anirban Ganguly, Son of Late Nikhil
Ganguly, residing at Premises being no. 60/17, Haripada Dutta Lane, Golf
Garden, Post Office Tollygunge, Police Station Jadavpur, Kolkata – 700033.
40)
Sudeshna Ganguly, wife if Anirban
Ganguly, residing at Premises being no. 60/17, Haripada Dutta Lane, Golf
Garden, Post Office Tollygunge, Police Station Jadavpur, Kolkata – 700033.
41)
Aditi Chakraborty, Wife of Goutam
Chakraborty, residing at Avishikta – 1, Flat no. 2B/902, 369/1, Purbachal
Kalitala Road, Post Office Haltu, Police Station Garfa, Kolkata 700078,
District South 24 Parganas.
42)
Goutam Chakraborty, Son of Late Anil
Kumar Chakraborty, residing at Avishikta – 1, Flat no. 2B/902, 369/1, Purbachal
Kalitala Road, Post Office Haltu, Police Station Garfa, Kolkata 700078, District
South 24 Parganas.
43)
Nilendu Gupta, Son of Late Ramchandra
Nath Gupta, residing at premises being
Windsor Greens, 26, Mahamayatala Mandir Road, Post Office Garia, Post
Office Narendrapur, Kolkata 700084, District South 24 Parganas.
44)
Sukanya Chakrabarti, nWife of Anirban
Chakrabarti, residing at Dasur Park, Ganguly Bagan, Post Office Garia, Police
Station Patuli, Kolkata – 700084, District South 24 Parganas.
45)
Indrayudh Chakrabarti, Son of Anirban
Chakrabarti, residing at Dasur Park, Ganguly Bagan, Post Office Garia, Police
Station Patuli, Kolkata – 700084, District South 24 Parganas.
46)
Sukanya Chakrabarti, Wife of Anirban
Chakrabarti, residing at Dasur Park, Ganguly Bagan, Post Office Garia, Police
Station Patuli, Kolkata – 700084, District South 24 Parganas.
47)
Priyanka Kumari, Wife of Aanal Kumar,
residing at premises being Soota East, A1Z, Nandan Kanan, Post Office
Santoshpur, Police Station Kalikapur, Kolkata – 700075, District South 24
Parganas.
48)
Aanal Kumar, Son of Alok Kumar,
residing at premises being Soota East, A1Z, Nandan Kanan, Post Office
Santoshpur, Police Station Kalikapur, Kolkata – 700075, District South 24
Parganas.
49)
Jagat Jyoti Dhara, Son of Jaydeb
Dhara, residing at premises being no. 191, Bansdroni Govt. Colony, Post Office
– Bansdroni, Police Station – Regent Park, Kolkata – 700070, District South 24
Parganas.
50)
Sumana Bhattacharjee, Daughter of Anil
Bhattacharjee, residing at premises being no. 191, Bansdroni Govt. Colony, Post
Office – Bansdroni, Police Station – Regent Park, Kolkata – 700070, District
South 24 Parganas.
51)
Pradip Kumar Saha, Son of Panchu Gopal
Saha, residing at premises being Pearl Appartment, 459, Purbalok, Post Office
Mukundapur, Police Station Purba Jadavpur, Kolkata 700099, District South 24
Parganas.
52)
Suranjana Saha, Wife of Pradip Kumar
Saha, residing at premises being Pearl
Appartment, 459, Purbalok, Post Office Mukundapur, Police Station Purba
Jadavpur, Kolkata 700099, District South 24 Parganas.
53)
Mala Sadhukhan, Wife of Dipak
Sadhukhan, residing at Premises being no. 2/85, Sucheta Nagar, Post Office
Haltu, Police Station Garfa, Kolkata – 700078, District South 24 Parganas.
54)
Dibyendu Guha, Son of Nirmalendu Guha,
residing at premises being Raipur Mondal Para Road, Post Office Naktala, Police
Station Netaji Nagar, Kolkata 700047, District South 24 Parganas.
55)
Sharbani Sen, Wife of Dibyendu Guha,
residing at premises being Raipur Mondal Para Road, Post Office Naktala, Police
Station Netaji Nagar, Kolkata 700047, District South 24 Parganas.
56)
Papri Paul, Wife of Late Deepanjan
Paul, residing at premises being Manihar Apartment, Gostatala Mandir, Post
Office Garia, Police Station Bansdroni, Kolkata 700084, District South 24
Parganas.
57)
Hia Banerjee, Daughter of Late Anjan
Banerjee, residing at premises being Charu Chandra Avenue, Post Office
Tollygunge, Police Station Charu Market, Kolkata 700033, District South 24
Parganas.
58)
Piyali Banerjee, Wife of Late Anjan
Banerjee, residing at premises being Charu Chandra Avenue, Post Office Tollygunge,
Police Station Charu Market, Kolkata 700033, District South 24 Parganas.
59)
Mithu Kayal, Wife of Raghunath Kayal,
residing at premises being Nimpith Kopilmunitala, Post Office – Nimpith Ashram,
Police Station – Jopynagar, Pin – 743338, District South 24 Parganas.
60)
Sanchita Saha, Wife of Sourik Saha,
residing at premises being Adyagreen Apartment, 260, Garia Garden, Post Office
Narendrapur, Police Station Narendrapur, Kolkata 700084.
61)
Sourik Saha, Son of Sanat Kumar Saha,
residing at premises being Adyagreen Apartment, 260, Garia Garden, Post Office
Narendrapur, Police Station Narendrapur, Kolkata 700084.
62)
Partha Pratim Dey, Son of Ranjit Kumar
Dey, residing at premises being Baroda Apartment,93, Bidhan Pally, Post Office
Garia, Police Station Bansdroni, Kolkata 700084, District South 24 Parganas.
63)
Sangita Dey, Wife of Partha Pratim
Dey, residing at premises being Baroda Apartment,93, Bidhan Pally, Post Office
Garia, Police Station Bansdroni, 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:
1. That
the Petitioner is Citizen of India, and has been residing at the address given
in the cause title of the application.
2. That
a plot of land measuring about 40 decimals under R.S. Dag no. 450, L.R. Dag no.
491, and 32 decimals of Land under R.S. Dag no. 451, corresponding to L.R. Dag
no. 492, comprising in R.S. Khatian no. 182 and 176, respectively, under Mouza
– Jaganathpur, Police Station – Sonarpur, at present Naredrapur, District –
South 24 Parganas is a joint property wherein the petitioner is one of the
co-sharers. For getting his share the petitioner has filed a partition suit,
being T.S. no. 396 of 2022, before the Learned 2nd Court of Civil
Judge ( Senior Division) at Baruipur, South 24 Parganas. The said Suit is
pending before the Learned Court below. The Private respondent Devaloke
Developers Limited, has been made a party to the said suit since they have
encroached the said joint property of the petitioner. The injunction petition
is still pending for hearing before the Learned Court. As caveat has been
preferred by the Private Respondent Devaloke Developers Limited. The said
Private Respondent appeared in the suit though did not submit his written
objection against the injunction petition of the petitioner.
Photostat copy of the orders, and
plaint in the partition suit are annexed herewith and marked as Annexure “P-1”
Collectively.
3. That
the Private respondent Devaloke Developers Limited being a Developer has
started construction in the name and style “Devaloke Sonar City” by encroaching
the land of the petitioner, which is yet to be partitioned by the Learned Court
below.
4. That
the Private respondent Devaloke Developers Limited entered into an agreement
for Sale with the Private Respondent no. 11 to 63, to sale flat/unit in the
said illegal construction.
Photostat copy of the two number
of Agreement for Sale are annexed herewith and marked as Annexure “P-2”
Collectively.
Leave may be granted to produce
copy of the other agreement for sale between the private respondents, if
required, before the Hon’ble Court at the time of hearing of the Writ Petition.
5. That
the Record of right stands in the name of predecessors in interest of the
petitioner. Neither the petitioner nor his predecessors transferred any portion
of the aforestated plot of land in favour of any body.
Leave may be granted to produce a
copy of the record of rights, if required, before the Hon’ble Court at the time
of hearing of the Writ Petition.
6. That
the concerned respondents being Rajpiur Sonarpur Municipality has sanctioned a
building plan, for Development of plots of Land including that of the
petitioner without getting no objection of the petitioner.
7. That
the Petitioner having seen development work on the suit plot of land belonging
to the petitioner and his co-sharers, has made a representation before the
respondents, praying for stoppage of construction work being made by the
private respondent. Surprisingly, the said respondents, even after getting
notice, are allowing the private respondent to continue the illegal work for
which the petitioner is facing irreparable loss and injury.
Photostat copy of the said
representation is annexed herewith and marked as Annexure “P-3”.
8. That
the petitioner states and submits that the concerned respondent, cannot allow
the private respondent to continue its construction work on the plot of land
belonging to the petitioner and his co-sharers.
9. That
the Petitioner states and submits that the concerned respondent being statutory
body has no authority to sanctioned building plan on a plot of land which does
not belong to the private respondent. Inspite of having knowledge about such
illegality, the respondent are sitting tight over the issue which is patently
wrong and therefore illegal.
10. That
the Petitioner states and submits that a civil suit is pending wherein the
private respondent is a party; still the private respondent is continuing with
the illegal construction work. The concerned respondent has been intimated
about the said suit pending before the Learned Court below, inspite of that the
private respondent is being allowed to continue with illegal construction work,
which will affect the suit.
11. That
the Petitioner states and submits that the respondents must appreciate that
they have committed wrong in sanctioning building plan in favour of the private
respondent Devaloke Developers Limited. As such they must restrained the
private respondent immediately in continuing the construction work.
12. The
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 the concerned respondent,
cannot allow the private respondent to continue its construction work on the
plot of land belonging to the petitioner and his co-sharers;
II.
For that the concerned respondent
being statutory body has no authority to sanctioned building plan on a plot of
land which does not belong to the private respondent. Inspite of having
knowledge about such illegality, the respondent are sitting tight over the
issue which is patently wrong and therefore illegal;
III.
For that a civil suit is pending
wherein the private respondent Devaloke Developers Limited is a party; still
the private respondent is continuing with the illegal construction work. The
concerned respondent has been intimated about the said Suit pending before the
Learned Court below, inspite of that the private respondent is being allowed to
continue with illegal construction work, which will affect the suit;
IV.
For that the respondents must
appreciate that they have committed wrong in sanctioning building plan in
favour of the private respondent. As such they must restrained the private
respondent Devaloke Developers Limited, immediately in continuing the
construction work.
13. That the petitioner states that the records of
the instant case are lying outside the ordinary original jurisdiction of the
Hon’ble Court.
14. That
the petitioner states that the petitioner have made complaints to the municipal
authorities for immediate redressal of the grievances but no steps have been
taken by the municipal authority till date as such, a demand seeking justice
would be an empty formality.
15. That
the 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. That
the 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 concerned
respondent authorities their men, agents and subordinates to cancel
the sanctioned building plan issued in favour of the Private respondent
Devaloke Developers Limited;
b)
A writ in
the nature of mandamus directing the respondent authorities their men, agents
and subordinates to stop immediately the construction work
being carried out by the private respondent, and to restore the land of the
petitioner and his co-sharers to its original position, as
it was there, till such began;
c)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates immediately initiate
an appropriate proceeding against the private respondents for raising unlawful,
illegal and unauthorized construction;
d)
A writ in the nature of mandamus directing the
concerned respondent authorities their men, agents and subordinates to take
appropriate penal action as against the private respondents in accordance with
law on the complaint already made in this behalf;
e)
A writ in the nature of certiorari directing the
respondent to produce all relevant records before the Hon’ble Court for proper
adjudication;
f)
Rule NISI in terms of prayers (a) to (d) above.
g)
An ad-interim order to stop the unlawful,
illegal and unauthorized construction at the premises of the petitioner, till
the disposal of the instant writ application.
h)
An appropriate order directing the respondent
authorities to file a report in this regard before the Hon’ble Court.
i)
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, Anowar Ali
Mondal, Son of Akkach Ali Mondal, aged about 72 years, residing at Teghari
Choani 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 September, 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:
Anowar
Ali Mondal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
WRIT PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
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
Subject
matter relating to-
Under
Group V , Head , of the Classification List;
Cause
title
Anowar
Ali Mondal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
Advocate-on-Record
MR. ASHOK KUMAR SINGH.
Advocate
Bar Association Room No.15,
High Court, Calcutta.
Mobile Number : 9883070666,
Email :
aksinghadvocate@rediffmail.com
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:
Anowar
Ali Mondal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
Index
|
Sl. No. |
Description of Documents |
Annexure |
Page No. |
|
1. |
Writ Petition |
- |
|
|
2. |
orders, and plaint in the partition
suit |
“P-1” |
|
|
3. |
Agreement for Sale |
“P-2” |
|
|
3. |
Representation of the Petitioner |
“P-3” |
|
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:
Anowar Ali Mondal
………..Petitioner
-Versus-
The State of West Bengal & Ors.
……Respondents
SYNOPSIS
The Private
respondent Devaloke Developers Limited has been sanctioned building plan for
construction on a plot of land which does not belong to him. The petitioner
being one of the co-sharers of the suit plot of land, never gave “no objection”
to anybody. As such his property cannot be developed by the Private respondent
Devaloke Developers Limited and arrange to sale to the other private
respondents, which the respondent must appreciate.
LIST OF DATES
03-03-2022 illegal & unauthorized construction and erection of
structure started by the private respondents
02-07-2022 Devaloke Developers Limited refused to partitioned
25-07-2022 Partition Suit filed
08-08-2022 Devaloke Developers
Limited appeared in the Suit
12-08-2022 Representation by the petitioner
Till date The private respondent Devaloke Developers Limited is
carrying on with the said unlawful, illegal and unauthorized construction.
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:
Anowar
Ali Mondal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
LIST OF DATES
03-03-2022 illegal & unauthorized construction and erection of
structure started by the private respondents
02-07-2022 Devaloke Developers Limited refused to partitioned
25-07-2022 Partition Suit filed
08-08-2022 Devaloke Developers
Limited appeared in the Suit
12-08-2022 Representation by the petitioner
Till date The private respondent Devaloke Developers Limited is
carrying on with the said unlawful, illegal and unauthorized construction.
POINTS
OF LAW
Whether the
respondents can sanctioned building plan in favour of the private respondent Devaloke
Developers Limited on a plot of land which is owned by the petitioner ?
Whether pendency of a
suit for partition wherein the private respondent is a party can stop illegal
construction by the private respondent Devaloke Developers Limited ?
Whether pendency of a
suit for partition wherein the private respondent Devaloke Developers Limited
is a party can entered into an agreement for sale in the said illegal
construction with the other private respondents ?
