AMAR KUMAR MALICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant/writ petitioner has preferred to file this appeal being aggrieved with the judgment of the Hon'ble Single Judge dated April 19, 2022 in W.P.A No. 4425 of 2022.

(2.) In the said writ petition the appellant/writ petitioner challenged the show cause notice dated March 16, 2020, and the notice to surrender the allotted plot of land, dated June 23, 2020, issued by the respondent/Cooperative Society, respondent no. 5, to be precise. Hon'ble Single Judge after a thorough discussion as regards the facts of the case, arguments of the respective parties and the applicable laws, has come to a decision that the appellant/writ petitioner had miserably failed to satisfy the yard stick determined under law, to defy the claim of the Cooperative Society in the letters as mentioned above and also that the appellant/writ petitioner did not come before the Court with clean hands. The Hon'ble Single Bench by dint of the judgment as mentioned above has dismissed appellant's writ petition. Hence, this appeal.

(3.) Bereft of any unnecessary details the crux of the case may be narrated to be that the appellant and his sister were conveyed the landed property measuring about 4 catthas by execution of the registered deed of sale on January 12, 1984. Later on by virtue of execution of deed of gift by his sister, the appellant owned the entire property. In 2004, i.e, November 23, 2004 the Society issued a 'no objection' certificate in favour of the appellant and his said sister, for grant of mutation of the land in their name by the Kolkata Municipal Corporation. Later on in 2006, i.e, on December 8, 2006, the Society issued share certificate for 20 (twenty) shares in favour of the appellant and his sister, As stated earlier, in 2012, i.e, July 6, 2012. Sister of the appellant executed the deed of gift, to gift her share in the property in favour of the appellant. According to the appellant since the date of conveyance, i.e, January 12, 1984 till March 2020, the appellant either solely or jointly with his sister (before execution of deed of gift by the said sister), held and possessed the concern property absolutely and unencumbered, in exclusion of any other, interfering thereto.