HARIPADA SARKAR AND ANOTHER Vs. STATE AND OTHERS

JUDGEMENT

(1.) The writ petitioner filed this writ petition challenging the order dated November 30, 2016. This was not the first litigation between the State and the writ petitioners. In an earlier round being W.P. No. 5388 (W) of 2016, the writ petitioners had challenged the arbitrary action of the respondent authorities in refusing to mutate the names of the writ petitioners in respect of the concerned property. On that occasion one Gautam Sarkar who is the third son of the first writ petitioner had applied by way of CAN 4300 of 2016 in W.P. 5388(W) of 2016 for intervention. Mr. Ali who represents such Gautam Sarkar who has been granted leave to intervene by my earlier orders has filed an application being CAN 9159 of 2017 before this Court. Mr. Ali, learned advocate submits that this application was on the basis of a prior title suit having been filed by his client against the present writ petitioners where inter alia, the following reliefs were prayed :

(2.) The schedule to the plaint in the said title suit are as follows:-Schedule - 'A'

(3.) The said title suit No. 88/2015 was transferred from the docket of the learned civil Judge, Senior Division at Kalyani to the Court of the learned civil Judge, senior division at Barasat and re-numbered as title suit No. 366/2016.