SHYAMAL GHOSH Vs. KNSHNAGAR MUNICIPALITY

JUDGEMENT

(1.) The writ petitioner is aggrieved against the notice issued by the Chairman/ Vice-Chairman, Krishnagore Municipality addressing the petitioners and others to appear before him on 11th November, 2006 at 1 p.m. and the issuance of another letter to the Additional District Magistrate (L.R.) with a request for deputing one Amin for surveying the land and lane adjacent to the writ petitioners at Baghadanga in Ward No. 17, Krishnagore Municipality, being annexure P5 and P6 to the writ petition. It was contended on behalf of the petitioners in paragraph 3 of the writ petition that the petitioners' predecessor had been enjoying and possessing the above-said land and after the death of their father petitioners as heirs have been using and possessing the said land as courtyard which were or are, not used as pathway by anybody though the said plot of land has been recorded as "Road" in the record of right standing in the name of Phani Bhusan Sarkar being rayat of the land in question. The petitioners claimed that they have installed a tube-well on the said land and have also erected a toilet since long.

(2.) It was further contended that the petitioners are using the said land recorded as "Road" since long and an easement right has been created to the petitioners with regnrd to the said land. It was alleged in the writ petition that the respondent Nos. 4 to 9 and respondent No. 5 who have been making attempt to take possession the said land as their pathway or rasta which is situated within the courtyard of the petitioners' house and filed a civil suit in the year 1982. The said suit was dismissed and appeal preferred against that was also dismissed.

(3.) Although the petitioners were defendants in the said suit and the petitioners claimed their right of easement over and in respect of the said land, the learned Court rejected the same.