District :
South 24 Parganas
In the Court of the Learned 2nd Executive
Magistrate, at Alipore, South 24 Parganas.
M.P.Case no. _________of
2024
In the matter of :
Sukanta
Bhowmick, Son of Ranjit Bhowmick, aged about 43 years, residing at Premises
being no. 26, Lansdowne Terrace, Police Station – Lake, Kolkata – 700026,
District South 24 Parganas, Mobile No.: 9830374676, Email : tumiashbeybole@gmail.com
_________Petitioner
- Versus –
Police Station
: Survey Park
Smt.
Sakti Sinha Roy, Wife of Late Subrata Sinha Roy, residing at Premises being no.
42/1B/1, P.G.H.Road, Post Office – Jadavpur University, Police Station –
Jadavpur, Kolkata – 700032, District – South 24 Parganas,
______Opposite Party
An application
under Section 107 of the Criminal Procedure Code’ 1973;
The
humble petition on behalf of the Petitioner Sukanta Bhowmick, most
respectfully;
Sheweth as
under:
1.
That
the Petitioner is a peace loving and law abiding Citizen of the Country, residing at the
address given in the cause title of this application.
2.
That
the Petitioner is an absolute Owner in respect of the premises purchased as the Entire First
Floor, of the said two storied building measuring an area of 652 (Six Hundred
Fifty Two) Sq. ft. more or less Super Built up area along with undivided
proportionate share or interest of the Plot of Land, by virtue of Deed being
no. 00184 of 2010, registered in the office of the District Sub Registrar –
III, Alipore, South 24 Parganas, and also purchased the entire Second Floor,
brick built wall asbestos roofed structure of the said three storied building
measuring an area of 652 (Six Hundred Fifty Two) Sq. Ft. more or less Super
Built Up area along with undivided proportionate share or interest of the Plot
of Land, by virtue of Deed being no. 00182 of 2010, registered in the office of
the District Sub Registrar – III, Alipore, South 24 Parganas.
3.
That
Subsequently, your Petitioner, also purchased a Commercial Space measuring an area of 307
(three hundred seven) Sq. ft. more or less at Ground Floor, of the said two
storied building lying and situate at Postal Premises No. P-5, Ajay Nagar,
Kolkata – 700075, by virtue of Deed being no. 00183 for the year 2010,
registered in the office of the District Sub-Registrar – III, Alipore, South 24
Parganas, on 8th day of January’ 2010.
4.
That
your Petitioner has mutated his name with concerned Government Authority, and
paying requisite tax, fees, levy, etc. as far as applicable under the Law, and
enjoying the property uninterruptedly.
5.
That the
Petitioner and his wife Smt. Gopa Bhowmick, jointly and severally carrying
their business of Restaurant cum Bar under their joint endavour, in the name
and style “M/s. Tumi Asbey Bole”, being a Proprietorship Firm, carrying
business of Restaurant with Bar, having its Office at Premises being no. 401,
Ajoy Nagar, Postal Premises no. P-5, Ajoy Nagar, Police Station – Purba
Jadavpur, Kolkata – 700075, District – South 24 Parganas, represented by its
Proprietor. The Petitioner have all requisite license, permissions, etc.
obtained from the concerned Government Authority, in that regard.
6.
That your
petitioner have bonafide appropriate documents in support of his rights, title,
and interest and have license concerned in running the business in the name and
style of M/s. Tumi Ashbey Bole, a Proprietorship
Firm, carrying business of Restaurant with Bar, having its Office at Premises
being no. 401, Ajoy Nagar, Postal Premises no. P-5, Ajoy Nagar, Police Station
– Purba Jadavpur, Kolkata – 700075, District – South 24 Parganas.
7.
That one
Shop at Ground Floor of the said Municipal Premises No. 401, Ajoy Nagar,
Kolkata – 700075, having its Postal Premises No. P-5, Ajay Nagar, Kolkata –
700075, District – South 24 Parganas, measuring an area of 345 Sq. ft. more or
less Super Built-Up Area, has owned by the Opposite Party, by way of Deed of
Conveyance dated 5th day of February’ 2021, Being No. 163000620 for
the year 2021, registered in the office of the District Sub-Registrar –V,
Alipore, South 24 Parganas, against the valuable consideration.
8.
That
your Petitioner is an absolute owner in respect of said Municipal Premises No.
401, Ajoy Nagar, Kolkata – 700075, having its Postal Premises No. P-5, Ajay
Nagar, Kolkata – 700075, District – South 24 Parganas, save and
except one Shop Room measuring
an area of 345 Sq. ft. more or less Super Built-Up Area, at Ground floor, which
has owned presently by the Opposite Party.
9.
That
Since the inception of taking over the said Shop Room at the Ground Floor by
the Opposite Party, herein, she created obstruction, disturbance, unlawful
claim in the possession of your petitioner, therefore your petitioner in such
compelling circumstances, lodged an appropriate Suit being Title Suit no. 418 of 2023,
against the said Opposite Party, before the Learned Civil Judge (Junior
Division) 4th Court, Alipore, South 24 Parganas, which is still
pending before the Learned Court.
10.
That
the Opposite Party has no right, title, & interest in the schedule
property. The Opposite Party all along tried to disturbed the peaceful possession
of the schedule property of the petitioner.
11.
That
the Opposite Party is a trespasser in respect of the schedule property of the
Petitioner. The Opposite Party, do not have any entitlement over the suit
property by way any stretch of imagination. The Opposite Party is engaged in continuous
disturbance, and thereby she is trying to grab the property of the Petitioner
with the help of her anti-social men, women and agents, and associates of her.
12.
That
such a real cause raising much disturbance in the vicinity, and highly affected
the peace & tranquility at the locale.
13.
That
on 07-02-2024 at about 3 pm the said Smt. Sakti Sinha Roy, her antisocial women
associates about 10 persons came to the spot of front side gate, of your
petitioner’s Bar Cum Restaurant and forcibly trying in breaking the front side
gate with iron rods. Your petitioner’s staffs obstructed to such unlawfulness,
then they aroused and tried to assault them following their abusive languages
and threats. While your petitioner got such information immediately informed to
the Survey Park Police Station.
14.
That
again on 19-02-2024, at about 2:45 pm, her associates visited the premises and
trying to break the gate and to put a whole in the wall, on being asked by
staffs in such unlawful doings of her associates, Her associates tried to
assault staffs and used most filthy languages. However with the intervention of
the locale people, they fled by putting dire threats to the staffs that they
will again come and teach a lesson to everyone.
15.
That
your Petitioner lodged such complaint to the Survey Park Police Station with a
prayer for necessary intervention by the Police for the restoration of peace
and tranquility, as well as to protect the rights of your petitioner at the
schedule property. The written complaint has been lodged with the Survey Park
Police Station on 19-02-2024.
16.
That
the Opposite Party is not a person of good moral character, acquiring her
nature of dangerous, which much disturbing in society more particularly at the
locale. The Opposite Party is a habitual person in dealing unlawful continuous
disturbance at the locale. The people in the vicinity are much aware about the
illegal activities & unlawful deeds of the Opposite Party.
17.
That
the cause of action arose on 19-02-2024, when the Opposite Party repeated
forcibly adopting unlawful recourses to grab the schedule property of your
petitioner, which is well within the premises under the Police Station- Survey
Park, which lies in the jurisdiction of this Learned Court.
18.
That
your Petitioner beg to state that finding no other alternative the petitioner
lodge this facts with the concern police station at Survey Park, with a request
for the appropriate legal recourses against the opposite party and her
associates to prevail law and order at the locality.
19.
That
the Police did not take any effective steps in terms of the facts and in the
Law, nor cause any enquiry thereof. The opposite party acquired indulgence of
such inaction of the police authority concern of the Survey Park Police
Station, and therefore the Opposite Party, with their men, women, and agents,
trying themselves, time and again to cause enormous disturbance at the schedule
property of your petitioner.
20.
That
in given facts and circumstances, your petitioner is in much disturbance at the
schedule premises at the behest and instances of the opposite party, who
deliberately and willfully cause the disturbance on her visit at the schedule
premises.
21.
That
the Opposite party is creating and sustaining breach of peace at the schedule
premises by her unwanted, unauthorized, illegal purported and perverted
activities at the schedule premises, with the help of her men, women, agents
and anti-social associates thereof.
22.
That
the Opposite Party is of dangerous in nature and much pretended to cause
disturbance and harassment to your petitioner.
23.
That
your Petitioner beg to state that the situation is very tensed and there is
every possibilities of serious breach of peace due to continuous illegal
intervention on the schedule property of the petitioner, thereof.
24.
That
the petitioner state and submit that the Opposite Party deliberately,
willfully, causes such acts and illegal deeds, breaching peace at the premises
of your petitioner, continuously, day by day, and did not stop such illegal
activities, even after reporting to the Police.
25.
That
your petitioner being frightened on seeing vulgar activities of the opposite
party and her members as they are desperate and danger in nature, at any moment
a serious breach of peace may occur at the scheduled property, if the opposite
party and her members are not restrained from their illegal and unlawful
activities.
26.
That
the situation is aggravated and tension mounted on your petitioner, have a
reasonable apprehension that a serious breach may take place any moment.
27.
That
the opposite party is commonly intended to commit the breach of peace under the
locality and in a view to establish her wrongful demands and to harass and
hackle the petitioner in every manner.
28.
That
thus the Petitioner is compelled to resort the legal proceeding before this Ld.
Court.
29.
That
this application is made bonafide in the interest of administration of justice.
In the circumstances, it is therefore prayed that your Honour would graciously be
pleased to admit this petition under
Section 107 of the Criminal Procedure Code’ 1973, and to allow your Petitioner’s prayer to show cause as to why
the bond shall not be furnished by the
opposite party for keeping peace and
good behaviour, and / or to pass such necessary other order or orders as your
Honourship may deem fit and proper for the end of justice.
And for this
act of kindness, your Petitioner, as in duty bound shall ever pray.
SCHEDULE OF PROPERTY
ALL THAT piece and parcel of
Entire First Floor measuring an area of 652 (Six Hundred Fifty Two) Sq. ft.
more or less Super Built up area; Entire
Second Floor, brick built wall asbestos roofed structure, measuring an area of
652 (Six Hundred Fifty Two) Sq. Ft. more or less Super Built Up area; and a
Commercial Space measuring an area of 307 (three hundred seven) Sq. ft. more or
less at Ground Floor, of the said two storied building along with undivided
proportionate share or interest of the Plot of Land measuring an area of 1
(one) Cottaha 4 (four) Chittacks, 10 (ten) Sq. ft. more or less lying and situate
and forming part of C.S. Dag no. 2/40, under C.S. Khatian No. 1-14,
corresponding portion of R.S. Dag no. 2, R.S. Khatian No. 2, Mouza – Chak Gania
Gachi, J.L. no. 24, Police Station Survey Park, under the Kolkata Municipal
Corporation Ward no. 109, being Part of Municipal Premises No. 401 Ajoy Nagar,
Kolkata – 700075, having its Postal Premises No. P-5, Ajay Nagar, Kolkata –
700075, District – South 24 Parganas, butted and bounded in the followings;
ON THE NORTH : Part
of R.S. Dag no. 2;
ON THE SOUTH : Part
of R.S. Dag no. 2;
ON THE EAST : Black
Top Road;
ON THE WEST : 12’
ft. wide Black Top Road;
V E R I F I C
A T I O N
I, Sukanta Bhowmick,
being the Petitioner, in the present proceeding, I am Conversant and acquainted
with the material facts, therefore I do
hereby declare that the statements made in Paragraphs 1 to _____ above are true
to my knowledge and belief, and I sign and verify this application under
Section 107 of the Criminal Procedure Code’ 1973, as on _________________2024,
at Alipore, South 24 Parganas.
Signature
Identified by me,
Advocate.
Prepared in my
chamber,
Advocate.
Date :
_______________________2024.
Place : Alipore,
South 24 Parganas.
A F F I D A V I
T
I, Sukanta
Bhowmick, Son of
Ranjit Bhowmick, aged about 43 years, by faith Hindu, by Occupation Business,
Proprietor of M/s. Tumi Ashbey Bole, a Proprietorship Firm, carrying business
of Restaurant with Bar, having its Office at Premises being no. 401, Ajoy
Nagar, Postal Premises no. P-5, Ajoy Nagar, Police Station – Purba Jadavpur,
Kolkata – 700075, District – South 24 Parganas, do hereby solemnly affirm and
says as follows;
1.
I
am the Petitioner in the present proceeding. I am conversant and acquainted
with the material facts. I am Competent to swear this affidavit.
2.
That
the statement made in the paragraph no. 1 to ____, are true to my knowledge and
belief and the rests are my submissions before the Learned Court.
That the above
statements are true to the best of my knowledge and belief.
DEPONENT
Identified by me,
Advocate
Prepared in my
Chamber,
Advocate
Date
:______________________2024
Place :
Alipore, South 24 Parganas
N O T A R Y
