BRAJA KISHORE ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two matters can be disposed of by one judgment.

(2.) It appears from the records that Brajakishore Roy filed the aforesaid writ petition being CO No. 13545(W) of 1993, alleging non-compliance of the order passed by the learned Executive Magistrate, Sealdah, by Narkeldanga Police Station. Learned Executive Magistrate Sealdah passed an order directing police official to hand over possession of Flat No. 1 in the ground floor of premises No. 142, Raja Dinendra Street, Calcutta (hereinafter referred to as the said flat) to the writ petitioner Brajakishore. So, by an order dated 13 February, 1998, Hon'ble Justice Pinaki Chandra Ghose disposed of this writ petition directing the police authority amongst other to hand over the key to the writ petitioner. Incidentally, it is to be noted that Netaidas Roy is not a party to the writ petition of Brajakishore. As the police did not carry out the order of Hon'ble Justice Ghose, contempt proceedings was initiated by Brajakishore, and whereupon an order was passed on 12 May, 1999 by Hon'ble Justice Ghose, allowing Brajakishore to take possession of the flat in question and the officer-in-charge of that police station was directed to render all assistance to the petitioner. Pursuant to this order Brajakishore got possession of the said flat.

(3.) Immediately, thereafter Netaidas filed a separate writ petition being No. 22489(W) of 1999, alleging wrongful and illegal dispossession by the officials of Narkeldanga Police Station without having known or notice of filing of the writ petition by Brajakishore or of passing of order by this Court on the writ petition of Brajokishore or on contempt petition. In the writ petition of Netaidas, Brajakishore was, however, made party. Justice Lala by an ad interim order dated 1st July, 1999, allowed Netaidas to take possession of the said flat. As this order was not allowed to be carried out a contempt proceedings followed; whereupon an order was passed on 7th July 1999, appointing Special Officer with a direction to take possession of the flat in question. Naturally Brajakishore preferred appeal against the orders of Justice Lala and the Appeal Court set aside the orders of Justice Lala with the observation that Netaidas should approach the learned trial Judge in the writ petition filed by Brojakishore. Hence, Netaidas applied for adding himself as a party to the writ petition of Brojakishore (being CAN No. 8681 of 1999) and also filed an application for review of order of Justice Ghose passed initially on 13 February 1998 on the writ petition of Brajakishore. It appears from the records that Justice Ghose by an order dated 6 April 2000 recalled his earlier orders dated 13 February 1998 passed in the writ petition and dated 12 May 1999 in the contempt proceedings. Admitted position is that Brajakishore has still been in possession of the said flat pursuant to the order passed by the Appeal Court on 26 July 1999. By virtue of assignment all these matters are to be heard by me pursuant to direction of the Appellate Court.