(1.) By filing this revisional application the petitioner, Sanjay Kumar Srivastava @ S. K. Srivastava is seeking an order of quashment of the proceeding being G.R. Case No. 107 of 2014 corresponding to Matigara P.S. Case No. 24 of 2014 dtd. 13/1/2014 pending before the learned Additional Chief Judicial Magistrate, Siliguri, Darjeeling.
(2.) Briefly stated, the petitioner is working for gain as Chief Manager, Industrial Business Development of Bharat Petroleum Corporation Limited and previously he was posted as Regional Manager (Lubes) of Bharat Petroleum Corporation Limited in the Eastern Region. One Rabi Sankar Dalai on 25/10/2011 represented B.P.C.L. while entering into an agreement for lease with company under style 'Hill View Investment Private Limited' in respect to a piece of land measuring about 7761.60 square feet, classified as petrol pump recorded in Khatian No. 1932 within Mouza-Thiknikata, Police Station ' Matigara which was duly registered on 31/10/2011. The opposite party no. 2 along with three others, claiming right title interest over the aforesaid property, filed a suit for declaration and recovery of Khas possession against Hill View Investment Private Limited and others including the B.P.C.L., before the learned Civil Judge (Senior Division), Siliguri, Darjeeling, registered as Title Suit No. 119 of 2011. An order of injunction was passed in the said suit directing the parties to maintain status quo till the disposal of the suit.
(3.) During pendency of the said suit Nikhil Debnath one of the plaintiffs filed a petition before the learned Additional Chief Judicial Magistrate, Siliguri alleging, inter alia, that he along with his three brothers purchased a piece of land by registered deed on 4/8/2015 from Arati Devi. They have been possessing the said property jointly since after purchase by mutating their names in the revenue record and by paying taxes etc. In the month October, 2009, the accused nos. 1 and 2 who are two full blood brothers got their name recorded and claimed ownership over the property taking advantage of erroneous recording by concerned B.L. and L.R.O. However, after following proper procedure the errors were removed but during such process of correction of record of rights the accused no. 2 in collusion with others sold 18 decimal of land out the said property in dispute. The accused no. 6, the B.L. and L.R.O. having jurisdiction again published R.O.R. in the name of the said company. Based on the said deed of sale Hill View Investment Private Limited and B.P.C.L. in collusion with each other and in furtherance of their common intention entered into a lease agreement with Bharat Petroleum Corporation Limited ignoring the representation made by him.