BHASKAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners herein filed the instant application praying for quashing of proceeding being GR Case no. 727 of 2014 arising out of New Market Police Case no. 108 of 2014 under Sec. 424/406/423/409/417/420/466/471/170B of the Indian Penal Code which is presently pending before learned Chief Judicial Magistrate Court, Calcutta.

(2.) The complainant case in brief is that complainants company had purchased 3 cottah 8 chitakh in premises no. 25 B Belvedere Road, Kol-27 on 6/3/2012 and they also purchased 1 cottah 17 chittakh and 17 sq.ft. and 2 cottah 10 chittakh 33 Sq.ft. in premise no. 25A Belvedere Road on 12/2/2012. When the complainant made an application to Kolkata Municipal Corporation (in short KMC) for issuance of pending bills in respect of Assessee no. 11-074-08-0027-9 for mutation, he was informed that the premises no. 25A Belvedere Road having aforesaid Assessee number has been cancelled and the same has been converted to 33B Biplabi Kanai Lal Bhattacharjee Sarani. Having doubted with the activity of the KMC, the petitioner filed several RTI applications and he was supplied few documents including the order sheet passed by the petitioners in cancellation of aforesaid Assessee no. and fake site plan which was submitted by M/S Crystals Private Ltd. (in short M/S crystals) to the KMC.

(3.) Upon perusal of the documents supplied to him under RTI Act, the complainant realized that the petitioners are the author of the note sheet of case no. P/074/29/OCT-5627 in connection with the aforesaid cancellation order. The petitioner no.1 being the then Chief Manager (Revenue) of KMC and petitioner no.2 being the then Assessor Collector (South) of KMC passed the order cancelling the aforesaid Assessee no. and ordered separation of premises no.25A Belvedere Road thereby allowed the mutation application of M/S crystals, ignoring the fact that on bare perusal of the deed of sale dtd. 26/5/2006 along with the site plan annexed to the said deed made it clear that the property purchased by M/S crystals was land locked and hence no mutation and/or separation in favour of them could have been granted by the petitioners herein. It also further disclosed that the said M/S Crystals submitted a fake site plan which was not part of the deed of sale dtd. 20/6/2006, whereby said M/S Crystals claimed part of the premises and thereby they illegally and fraudulently claiming the eastern portion of premises no. 25 A Belvedere Road kol-27 and the petitioners herein knowingly on the basis of fake site plan passed the order, thereby cancelled the aforesaid Assessee no. and ordered separation of premises no.25A Belvedere Road without considering the original site plan, annexed to the said deed of sale, thereby they have caused wrongful loss to the complainant.