NOOR MD Vs. MUSTAQUE AHEMAD

JUDGEMENT

(1.) THE instant appeal has been preferred against the order dated 19th April, 2007 passed by the learned Single Judge while deciding the writ petition bearing W. P. No. 6655 (W) of 2007. The said writ petition was filed on behalf of the respondent Nos. 1 and 2 herein without impleading the appellant as party respondent. Upon obtaining specific leave of this Court, instant appeal has been preferred by the appellant herein.

(2.) ASSAILING the order under appeal passed by the learned Single Judge it has been submitted on behalf of the appellant that the aforesaid writ petition was filed by the writ petitioners in collusion with the other respondents on suppression of the material facts and upon practising fraud upon the Court with an intention to remove the 'khatal' of the appellant herein.

(3.) THE learned Counsel of the appellant submits that the writ petitioners as well as the other respondents including the Chairman, Bhatpara Municipality and the respondent No. 6 herein were all along aware that the appellant herein had been running the Khatal in question at the concerned premises but with a mala fide intention and ill motive, the writ petitioners alleged in the writ petition that the Khatal belonged to Akhtar Hussain, namely the respondent No. 6 herein who purchased the premises in question in the month of December, 2003 and desperately trying to evict the appellant from the said premises.