BISWAJIT SANTRA Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The writ petitioner is aggrieved that upon the free hold land owned by him, some other private person has encroached and put up placard/stone made slab, in order to use the piece of land as a children's park, subsequently to be built over there. The brief fact of the case leading to filing of the present writ petition may be narrated as herein below:-

(2.) Petitioner says that he is a co-owner with respect to the premises no. 38A, Jyotish Roy Road, P.S- Behala, Dist- South 24 Paragnas, which comprises within R.S. Dag No. 91, J.L No.10 in Mouza- Italghata. The land is measured about 2 Cottahs and 8 Chittaks with a structure there on and passage for ingress and egress.

(3.) In support, the petitioner has relied on a deed of conveyance executed on April 23, 1992, between the vendors named therein, with the following four persons, namely, Indrajit Santra, Biswajit Santra, Ranjit Santra and Prosenjit Santra. Thus, he says that he has become the joint owner with respect to the premises no. 38A.