Chandi Charan Patra vs State Of West Bengal & Ors

Party/Parties is/are represented in the order of their name/names as printed above in the cause title.

Mr. Adak, Learned Advocate appearing for the petitioner, submits that the private respondent nos. 5 and 6 have made a construction over the land/plot/premises in issue not only without a sanctioned plan but also in violation of the solemn order of the Learned Civil Judge (Senior Division), Arambagh, Hooghly being Order No. 2 dated 14th of March, 2018 in Title Suit No. 22 of 2018.

The Learned Civil Court, inter alia, was pleased to pass the order as follows:-

"that both plaintiff and defendant No. 1 and 2 are directed to maintain status quo in respect of the nature, character and possession of the suit property till 16.04. 2018.

Issue notice upon the defendant No. 1 and 2 asking them to show cause within 15 days from the date of receipt thereof as to why the prayer for temporary injunction shall not be granted in favour of the plaintiff.

Plaintiff is directed to comply the provisions of U/O 39 Rule 3 (a)(b).

Plaintiff to file requisite at once.

To date for S.R and appearance."

Mr. Adak submits that the formalities connected to the ad interim injunction issued on the 14th of March, 2018 have been complied with by the petitioner acting as plaintiff before the Learned Civil Court. The petitioner acting as plaintiff has also preferred an application under Order No. 39 Rule 2A of the Code of Civil Procedure alleging violation of the terms of the ad interim injunction dated 14th of March, 2018 (supra).

Mr. Biswas, Learned Counsel appearing for the private respondent nos. 5 and 6, submits that this Court may not examine the facts which are already sub judice before the Learned Civil Court. The plea of an alternate remedy is therefore taken by Mr. Biswas.

Mr. Biswas also denies the factual allegation and asserts that no further construction has taken place over the land/plot in issue by the said private respondents in violation of the order of injunction.

On behalf of the State-respondents, appearance is entered by Mr. Mukherjee, Learned Counsel, who reiterates the position that this is a civil dispute between the parties.

Having heard the parties and considering the materials placed, this Court is of the view that this Court is not precluded from acting in assistance of an order even passed in civil proceedings which uphold the due process of law. This Court therefore finds itself within jurisdiction to examine the sanctity of the construction in issue within the limits permitted by the law governing Panchayats.

However, for a more complete examination of the factual aspects at the ground level this Court appoints Mr. Suvro Prakash Lahiri, Learned Advocate as the Learned Special Officer to visit the site and file a Report on the next date.

The remuneration of the Learned Special Officer is fixed 400 GMs (Four Hundred Gold Mohurs) payable at the first instance by the petitioner.

The petitioner shall make the necessary arrangements for the visit of the Learned Special Officer. The State and the Private Respondents shall extend their cooperation to the Learned Special Officer.

The petitioner is granted liberty to add the Sub-Divisional Officer (SDO) and the Block Development Officer (BDO) as a party respondent to the writ petition.

The petitioner is permitted to amend the cause title.

Mr. Mukherjee shall take notice on behalf of the Added Respondents.

Let two copies of the writ petition be made available against each of the Added Respondents to Learned State Counsel.

The petitioner shall file an Affidavit-of-Service on the next date.

Let the matter return under the heading "Mentioned Matters" on the 31st of January, 2019.