BHOLA PAIK Vs. BANGIYA SAKHARATA PRASAR SAMITY

JUDGEMENT

(1.) These two appeals are directed against a common judgment and order dated March 29, 2023, whereby a learned Single Judge of this Court disposed of two writ applications filed by the appellant herein being W.P.A. 22925 of 2022 (Sri Bhola Paik v. The State of West Bengal and Ors.) and W.P.A. 15466 of 2022 (Bangiya Sakharata Prasar Samity & Anr. v The State of West Bengal & Ors.). Accordingly the two appeals have been taken up for hearing and disposal together.

(2.) The appellant claims to have become the owner of a plot of land situated at 681, P. Majumdar Road, Kolkata by virtue of a registered Deed of Conveyance dtd. 25/7/2018. The respondent Nos. 5 and 6 in MAT 621 of 2023 are the owners of the adjacent plot of land situated at 294, P. Majumdar Road, Kolkata by virtue of a registered Deed of Indenture executed in the year 1992. Their names had been mutated in the municipal corporation's records. The appellant had also mutated his name in respect of the premises No. 681, P. Majumdar Road, Kolkata and thereafter made an application before the Kolkata Municipal Corporation for sanction of building plan in his favour and the same was duly approved. Thereafter, the appellant commenced the construction work of a multistoried building at 681, P. Majumdar Road, Kolkata. The respondent Nos. 5 and 6 raised an objection before the Corporation stating that the appellant started his construction upon premises no. 294, P. Majumdar Road, Kolkata which belongs to the respondent No. 5, namely, Bangiya Saksharata Prasar Samity, instead of premises No. 681, P. Majumdar Road, Kolkata.

(3.) Thereafter, the respondent Nos. 5 and 6 filed Title Suit No. 105 of 2022 and the petitioner/appellant also filed a Civil Suit being Title Suit No. 118 of 2022 before the Learned Civil Judge (Junior Division) 2nd Court Alipore along with an application under Order 39 Rule 1 and 2 praying for injunction restraining the defendants/respondents Nos. 5 and 6 herein from disturbing the peaceful possession of the appellant/plaintiff in respect of premises no. 681, P. Majumdar Road, Kolkata. The said application was allowed on contest and the Learned Court found that the defendant had no right to interfere with the construction work of the petitioner/plaintiff which was being carried on at premises no. 681, P. Majumdar Road, Kolkata and was further pleased to direct the respondent Nos. 5 and 6 herein not to disturb the construction work of the plaintiff over the suit property till the final disposal of the suit.