LAWS(CAL)-1999-12-5

GOPESWAR PRASAD AGARWAL Vs. STATE OF WEST BENGAL

Decided On December 14, 1999
GOPESWAR PRASAD AGARWAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The writ petitioner herein claiming one of the co-owners of a plot of land bearing R. S. Dag No. 462 under Khatian No. 226, Mouza Mondalghanti, P. S. Rajarhat, District-24 Parganas (North) has challenged the requisition and subsequent acquisition of the aforesaid plot of land. The petitioner has acquired this land along with other co-owners by and under a registered Deed of Conveyance.

(2.) . It is the case of the petitioner that the State respondent has illegally and wrongfully and without serving any notice or giving any hearing to the petitioner has requisitioned and lateron acquired the aforesaid plot of land. In a partition suit joint Receivers being the respondent Nos. 4 and 5 herein have been appointed by this Hon'ble Court in its ordinary original Civil Jurisdiction. In the aforesaid partition suit the said joint Receivers by an order dated 27th March, 1991 have taken possession along with other suit properties of the said plot of land. The joint Receivers were appointed and they took possession of the property in question before this impugned order of requisition was passed followed by acquisition. There was no public purpose for requisition and acquisition of the aforesaid plot of land. The possession taken by the State Government as well as the private respondent, viz., the added respondent is wholly illegal and tantamounts to interference with possession of the Court through the joint Receivers. In substance this requisition and acquisition are deliberate act of contempt.

(3.) Bengal Peerless Housing Development Company Limited (hereinafter referred to as the said Company) was not a party to this writ petition. Subsequently it was added as party respondent by an order of this Court. The aforesaid company being affected by interim order staying operation of acquisition order has made an application for vacating interim order. I, however, did not vacate the interim order instead decided to hear the writ petition out finally. Affidavits have been made complete.