SAKTI SADHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is the case of the writ petitioner that he is the lawful owner of the plot of land measuring about .78 decimal comprising Plot Nos. 162/1052, 163 and 164 within the Mouza Rajpur, P.S. Sonarpur, which he purchased against valuable consideration in an auction held pursuant to the order of the Hon'ble High Court.

(2.) It is his further case that during the pendency of the entire process the private respondent nos. 4 and 9 illegally trespassed into the suit property and encroached the same. When pursuant to an order passed by the Hon'ble High Court on May 30, 1984, the receiver with the police assistance on July 11, 1986 removed the respondent nos. 4 and 9 and took the actual vacant physical possession thereof. Thereafter, on September 2, 1986, a deed of conveyance was executed towards the sale of land in question to the writ petitioner and the vacant physical possession of the land was delivered to the writ petitioner. Thereafter, the writ petitioner was enjoying lawful possession of the suit property peacefully but after some time the private respondent no. 4 to 9 with the help of some local antisocial forcibly took possession of the suit property. The said incident although was reported to the said police station but they took no legal action against the said miscreants. Finding no alternative the writ petitioner filed a title suit, T.S. 165 of 1987 before the Munsef 2nd Court, Baruipur and on December 10, 1988 the said suit was decreed in his favour.

(3.) In this regard the learned counsel of the writ petitioner drew the attention of this court to Annexure P-6 to this writ petition, the judgment and the decree. With reference to the said judgment, it is submitted that the suit was decreed upholding the title of the writ petitioner, the plaintiff in the suit, in respect of the plot in question and for khas possession of the said land after removal of the structure standing thereon and the defendants viz., the respondent nos. 4 and 9 was permanently restrained from disturbing the peaceful possession of the plaintiff, the writ petitioner herein in the suit land. The defendant i.e. the respondent nos. 4 and 9 were allowed one month time to vacate and deliver the khas possession of the suit land to the writ petitioner and it was directed failing which the plaintiff i.e. the writ petitioner herein shall have the liberty to put the decree in execution. It is the further case of the writ petitioner after the suit is decreed in his favour, the respondent nos. 4 and 9 came to an amicable settlement with him out of court and the writ petitioner transferred 6 cottahs of land comprised in plot no. 164 by a deed of transfer in spite thereof the respondent nos. 4 to 9 once again forcibly took possession of the land comprised in plot no. 163, 162 and 1052 and are remained there, in violation of the order of the Calcutta High Court as also the order passed by the learned Munsef in the title suit. According to the learned advocate of the writ petitioner as his client resisted the writ petitioner and asked them to vacate the plot which they have unauthorizedly and illegally occupied when he was threatened to be murdered and although such incident was reported to the police on June 21, 2010, the police did not take any action.