SRI KRISHNA BARIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Report as called for by the order dated April 5, 2019 filed in Court be taken on record.

(2.) The review application along with the connected application are taken up for final hearing.

(3.) Learned advocate appearing for the review applicant submits that, the writ petitioners obtained the order under review by making false statements on oath and by suppression of material facts. He submits that, the review applicants are the respondent nos. 8 and 9 in the writ petition. The review applicants were not served with the copy of the writ petition. No attempt was made to serve the review applicants with a copy of the writ petition. Such procedure was adopted mala fide to deprive the valuable rights of the review applicants. The writ petitioners are guilty by making false statements in the writ petition. He draws the attention of the Court to the fact that, the writ petitioners claimed that they were the sole and absolute owners of three several plots of land in the writ petition whereas, the record of rights annexed by the writ petitioners themselves, in the affidavit in opposition to the review application, demonstrates otherwise. Moreover, the writ petitioners are guilty of suppressing the order of the High Court dated August 23, 2018 passed in W. P. No.30746 (W) of 2017 (Chandan Kumar Barik and Anr. Vs. The State of West Bengal and Ors.). The writ petitioners had filed such writ petition for police inaction on the basis of self same documents as annexed to the present writ petition. He submits that, when the present writ petition was filed, a suit for partition and administration was pending between the private parties. There subsists an order of status quo passed in such suit. The writ petitioners are guilty of suppressing such material facts from the Court. In any event, the order under review, prejudices the review applicants so far as the pending suit for partition is concerned.