BANAMATI MANDAL Vs. O C SONARPORE P S

JUDGEMENT

(1.) THIS Rule at the instance of the writ petitioners is directed against the issuance of three notices, which are annexure A, B and C to the petition issued respectively by the J. L. R. O. , Sonarpore and the O/c. , Sonarpore Police station. By the first notice dated January 5, 1978 (annexure a) the petitioners were informed that on the complaint of Bhutnath Mandal (respondent no. 8) there would be an on-the-spot enquiry regarding plot no. 1119 of khatian no. 9 of mouza Tihuria on January 10 , 1978 and the petitioners were directed to be present with all relevant papers and witnesses. By the second notice dated January 22, 1378 (annexure B) Nirmal Mandal, the father of the writ petitioners was directed to see the O. C. Sonarpore Police Station on the day following, i. e. January 23, 1978 for a discussion over his land dispute with Bhutnath mandal. By the third and the last notice dated January. 26, 1978 (annexure C) the O. C. Sonarpore Police Station directed the village Chowkidar Bhutnath Rang to go to Nirmal Mandal, the father of the petitioners and ask him to deliver the paddy to Bhutnath Mandal as per direction of the J. L. R. O. The Chowkidar was further directed to caution Nirmal Mandal that in default of delivery of the paddy a case will be started against him.

(2.) ACCORDING to the petitioners, the disputed land measuring 33 acres and appertaining to plot no. 1119 of khatian no. 9 of mouza Tihuria, Police Station Sonarpore in the District of 24-Parganas originally belonged to late Adwaitya Mandal, the father of the respondent no. 8 Bhutnath, from whom they purchased the same by a registered kobala dated September 23, 1974 for a consideration of Rs. 2,000/- and since then they are in actual physical possession of the land by growing paddy thereon. Their names were duly mutated in the rent roll and they are also paying rents to the State of West Bengal.

(3.) THE respondent no. 8 Bhutnath on December 5, 1976 having illegally taken away the harvested paddy from the disputed land grown by the petitioners, they instituted a suit for damages against him, being Money Suit No. 34 of 1976 in the 2nd court of the Munsif at Bariupore, which is still subjudice.