DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In
the matter of:
Smt. Sukriti Sarkar,
Wife of Sri Himangshu Sekhar Sarkar, aged about 74 years, residing at Premises
being no. 10, Satyen Park, M.G. Road, Joka, Amgachhi, Kolkata – 700104,
District South 24 Parganas, Mobile : 8910514717;
………Petitioner.
-Versus-
1)
The State of West
Bengal, service through the Secretary, Land & Land Revenue Department,
having its Office at Nabanna, 325, Sarat Chatterjee Road, Shibpur, Howrah –
711102.
2)
The Collector, 24 Parganas (South), having office at New
Treasury Building, 25, Baker Road, Alipore, Kolkata – 700027, District South 24
Parganas.
3)
Additional Land Acquisition Officer, South 24 Parganas,
Office of the Collector, South 24 Parganas, Land Acquisition Department, New
Treasury Building, 5th Floor, Alipore, Kolkata – 700027.
4)
Additional District Magistrate (Land Acquisition), South
24 Parganas, Office of the Collector, South 24 Parganas, Land Acquisition Department,
New Treasury Building, 5th Floor, Alipore, Kolkata – 700027.
5)
The Block Land &
Land Reform Officer, Behala Thakurpukur, having its office premises being no.
39, Biren Roy Road East, Behala Chowrasta, Bata Colony, Barisha, Kolkata –
700008, District South 24 Parganas.
6)
The Special Land
Acquisition Officer, South 24 Parganas, Land Acquisition Department, New
Treasury Building, 5th Floor, Alipore, Kolkata – 700027.
……..Respondents.
To
The Hon’ble T. S.
Sivagnanam, 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 a citizen of India and has been residing at the address given in the cause
title of this application.
2.
That your petitioner purchased more or less 6 (Six)
Cottahas 10 (Ten) Chittacks & 20 (Twenty) Sq. ft. of Land situated and
lying at Mouza - Joka, comprised in R.S. No. 94 appertaining to Khatian No.
162, comprised in Dag no. 660, J.L. No. 13, under the limits of Joka-II Gram
Panchayat, Police Station Thakurpukur, being premises no. 14/4, Yeni Sarani,
10, Satyen Park, Joka, Police Station – Haridevpur formerly Thakurpukur,
Kolkata – 700104, under Ward no. 144, Borough No. 16 of the Kolkata Municipal
Corporation, vide Deed of Conveyance Dated 16-12-2009, from Shri Dino Shikari,
Son of Late Ganapati Shikari, & Smt. Archana Rakshit, wife of Sri Chandan
Rakshit, registered in Book no. I, Volume no. 35, Pages 79 to 97, Being number 12696
for the year 2009, and in Book no. I, Volume no. 35, Page from 48 to 66, Being
number 12693 for the year 2009, respectively, registered in the office of the Additional
District Sub-Registrar of Behala, District – South 24 Parganas.
Photostat copy of the Deed of Conveyance being no.
12696 for the year 2009, and Being number 12693 for the year 2009, are annexed
herewith and marked as Annexure – “P-1” Collectively
3.
That said Shri Dino Shikari, & Smt. Archana Rakshit,
had mutated their names in the Municipal Authority. Your petitioner, too have
mutated her name as Assessee No. 711441902078, in the Kolkata Municipal
Corporation.
Photocopies of the Mutation Certificate, Tax Receipt,
& Municipal Assessment, standing in the name of the Petitioner are annexed
herewith, and marked as Annexure “P-2” Collectively
4.
That the concerned office recently refused to take any
application for conversion of Land from “Sali” to “Bastu” even after accepting
rent and mutation in respect of entire property of your petitioner. On being
asked it was disclosed that part of her property has been acquired by the
concerned authority.
Photocopy of Khazna (Rent) & Khazna Dakhila (Rent
receipt) are collectively annexed herewith and marked as Annexure – “P-3”
5.
That in the meantime, an application under Right to
Information Act’ 2005, was made by one Koyel Majumdar of 103A, Gopal Mishra
Road, for getting information about acquisition. A reply dated 10-07-2024, vide
Memo No. LA/Ptn. No. 2024/40525/P, has been given by concerned respondent,
wherefrom it is revealed that Dag No. RS 660 CS 660 of Mouza Joka, JL No. 121,
P.S. Behala (1) is involved in D 5 of 64-65 for Campus of Indian Institute of
Management as partly, and (2) LA 4/5 of 1966-67 for construction of Labour welfare
Housing as partly has been acquired.
Photocopy of the said Reply under RTI is annexed
herewith and marked as Annexure – “P-4”
6.
That the petitioner
states and submits that the refusal of the
concerned authority B.L. & L.R.O. Behala Thakurpukur, to accept the
application for conversion of land from "Sali" to "Bastu"
is arbitrary, unreasonable, and violative of the principles of natural justice,
particularly when no prior notice of acquisition was served upon the petitioner
and more particularly while the concerned authorities accepted the rent and
mutated the name of the petitioner, in respect of her property.
7.
That the petitioner
states and submits that the petitioner being a
bonafide purchaser for value without notice and having mutated her name in the
Kolkata Municipal Corporation records, continues to remain in possession and
enjoyment of the said land, and hence any acquisition proceedings that affect
her rights without her knowledge and participation are void ab initio.
8.
That the petitioner states and submits that the purported acquisition, as revealed through the RTI reply,
is vague, outdated, and lacks clarity as to whether the petitioner’s specific
portion of the land is included, thereby causing uncertainty and infringement
upon the petitioner’s property rights protected under Article 300A of the
Constitution of India.
9.
That the petitioner
states and submits that the respondent
authorities have failed to serve any notice of acquisition or compensation
award upon the petitioner in accordance with the procedure laid down under the
Land Acquisition Act, thereby depriving the petitioner of her lawful rights.
10. That the petitioner states and submits that the actions and inactions of the respondents are violative of
the petitioner’s fundamental rights guaranteed under Article 14 and Article 21
of the Constitution of India.
11. That the petitioner states and submits that the State
under the constitution is the guardian of its citizens. A democratic and
progressive Government always looks after the well beings of its citizens.
12. That being aggrieved by and dissatisfied with the impugned
action by the respondent authorities, and/or inaction on the part of the
respondents, the petitioner begs to move before Your Lordship on the following
amongst other -
GROUNDS
That the petitioner craves leave to
urge the following grounds, without prejudice to one another:
I.
For that the refusal
of the concerned authorities to accept the application for conversion of land
from "Sali" to "Bastu" is arbitrary, unreasonable, and
violative of the principles of natural justice, particularly when no prior
notice of acquisition was served upon the petitioner and more particularly
while the concerned authorities accepted the rent and mutated the name of the
petitioner, in respect of her property;
II.
For that the
petitioner being a bonafide purchaser for value without notice and having
mutated her name in the Kolkata Municipal Corporation records, continues to
remain in possession and enjoyment of the said land, and hence any acquisition
proceedings that affect her rights without her knowledge and participation are void ab initio;
III.
For that the
purported acquisition, as revealed through the RTI reply, is vague, outdated,
and lacks clarity as to whether the petitioner’s specific portion of the land
is included, thereby causing uncertainty and infringement upon the petitioner’s
property rights protected under Article 300A of the Constitution of India;
IV.
For that the
respondent authorities have failed to serve any notice of acquisition or
compensation award upon the petitioner in accordance with the procedure laid
down under the Land Acquisition Act, thereby depriving the petitioner of her
lawful rights;
V.
For that the actions
and inactions of the respondents are violative of the petitioner’s fundamental
rights guaranteed under Article 14 and Article 21 of the Constitution of India;
VI.
For that the
petitioner has no other efficacious remedy except approaching this Hon’ble
Court under Article 226 of the Constitution of India;
VII.
For that, the State
under the constitution is the guardian of its citizens. A democratic and
progressive Government always looks after the well beings of its citizens;
13. That your petitioner has no alternative suitable remedy
elsewhere and the reliefs as prayed for, if are granted would be complete for
your petitioner.
14. That on the selfsame cause of action your petitioner has
not moved any other writ petition.
15. This application is made bonafide and for the ends of
justice.
In the premises aforesaid your petitioner most humbly
prays for the following orders:-
a)
A writ in the nature
of Mandamus commanding the respondents and/or their men and agents to accept the application for conversion of land from
"Sali" to "Bastu" in respect of the property of the
petitioner, more fully described in paragraph number. 2, herein above;
b)
A writ in the nature
of Mandamus commanding the respondents and/or their men and agents to set aside
the acquisition proceeding if any, and thereby to set aside the order of
vesting of the portion of the property of the petitioner;
c)
A writ in the nature
of Certiorari asking the respondent authorities to produce records related to
the instant case before this Hon’ble Court for proper adjudication;
d)
Rule NISI in terms
of prayer (a), (b) & (c) herein above;
e)
Cost;
f)
To pass such other or
further order orders as Your Lordship may deem fit and proper;
And your petitioner,
as in duty bound, shall ever pray.
AFFIDAVIT
I, Smt. Sukriti Sarkar, Wife of Sri Himangshu Sekhar Sarkar, aged about 74 years, by faith Hindi, by Occupation House Wife, residing at Premises being no. 10, Satyen Park, M.G. Road, Joka, Amgachhi, Kolkata – 700104, District South 24 Parganas as, 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, 4, 12, 13 & 14, are true to my knowledge and
those made in paragraphs 5, & 6,
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 May, 2025.
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 2025;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Smt. Sukriti Sarkar.
………..Petitioner
-Versus-
The
State of West Bengal &Ors.
……Respondents
WRIT PETITION
MR.
SANJIB SAHA
Advocate
C/o.
Ashok Kumar Singh, Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
Chamber : P-16, Purbasha Pally, Dr.
A. K. Paul Road, Kolkata – 700034. Mobile Number : 9051570268, 7003781930,
E-mail : sanjibsaha.smc@gmail.com
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
Subject matter relating to-
Under Group I , Head , of the Classification List;
Cause title
Smt. Sukriti Sarkar.
………..Petitioner
-Versus-
The State of West Bengal &Ors.
……Respondents
Advocate-on-Record
MR. SANJIB SAHA
Advocate
C/o. Ashok Kumar Singh, Advocate
Bar Association, Room No.15,
High Court, Calcutta.
Chamber : P-16,
Purbasha Pally,
Dr. A. K. Paul Road,
Kolkata – 700034.
Mobile Number :
9051570268, 7003781930,
E-mail : sanjibsaha.smc@gmail.com
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Smt. Sukriti Sarkar.
………..Petitioner
-Versus-
The State of West Bengal &Ors.
……Respondents
Index
|
Sl. No. |
Description of
Documents |
Annexure |
Page No. |
|
1. |
Writ Petition; |
|
1 to |
|
2. |
Deed of Conveyance
being no. 12696 for the year 2009, and Being number 12693 for the year 2009; |
“P-1” |
|
|
3. |
Mutation
Certificates, Tax Receipt, & Municipal Assessment, standing in the names
of the Petitioner; |
“P-2” |
|
|
4. |
Khazna (Rent)
& Khazna Dakhila (Rent receipt); |
“P-3” |
|
|
5. |
Reply under RTI; |
“P-4” |
|
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Smt. Sukriti Sarkar.
………..Petitioner
-Versus-
The State of West Bengal &Ors.
……Respondents
SYNOPSIS
The refusal of the concerned authorities to accept the
application for conversion of land from "Sali" to "Bastu"
is arbitrary, unreasonable, and violative of the principles of natural justice,
particularly when no prior notice of acquisition was served upon the petitioner
and more particularly while the concerned authorities accepted the rent and
mutated the name of the petitioner, in respect of her property. The petitioner’s illegally being deprived of her
property.
LIST OF DATES
16/12/2009 Petitioner Purchased her Property by
way of Deed of Conveyance
being no. 12696 for the year 2009, and Being number 12693 for the year 2009.
2024 Municipal Assessment in the
name of the Petitioner with the Kolkata Municipal Corporation.
10/07/2024
Reply under RTI by the Collector,
South 24 Parganas.
14/01/2025 Petitioner’s name has been mutated in
the civic record of the Kolkata Municipal Corporation.
15/01/2025 Petitioner’s Tax Receipt by the Kolkata
Municipal Corporation.
29/04/2025 ROR appeared in the name of the
Petitioner.
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Smt. Sukriti Sarkar.
………..Petitioner
-Versus-
The State of West Bengal &Ors.
……Respondents
LIST OF DATES
16/12/2009 Petitioner Purchased her Property by
way of Deed of Conveyance
being no. 12696 for the year 2009, and Being number 12693 for the year 2009.
2024 Municipal Assessment in the
name of the Petitioner with the Kolkata Municipal Corporation.
10/07/2024 Reply under RTI by the Collector, South
24 Parganas.
14/01/2025 Petitioner’s name has been mutated in
the civic record of the Kolkata Municipal Corporation.
15/01/2025 Petitioner’s Tax Receipt by the Kolkata
Municipal Corporation.
29/04/2025 ROR appeared in the name of the
Petitioner.
POINTS OF LAW
Whether the refusal
of the concerned authorities to accept the application for conversion of land
from "Sali" to "Bastu" is arbitrary, unreasonable, and
violative of the principles of natural justice, particularly when no prior
notice of acquisition was served upon the petitioner and more particularly
while the concerned authorities accepted the rent and mutated the name of the
petitioner, in respect of her property ?
