M/s. Metaco India vs State Of West Bengal & Ors

Tapabrata Chakraborty, J

In view of the express undertaking of the petitioner to comply with all the formalities regarding filing including stamping of the petition immediately upon resumption of normal court business and in view of the urgency involved, the writ petition is taken up for hearing dispensing with the requirements of Rule 26 of the Writ Rules. The application being C.A.N. No. 3005 of 2020 is disposed of.

Mr. Bhattacharya, learned advocate appearing for the petitioner submits that there had been a long standing dispute between the petitioner and the private respondents pertaining to the property situated at 16, Mandal Temple Lane, Police Station New Alipore, Kolkata-700053 (in short, the said property). Claiming to be the tenant in respect of a workshop in the said property, the petitioner preferred a title suit being T.S. No.199 of 2015 which was decreed ex parte partly by declaring the petitioner as a lawful tenant but the injunction granted was vacated. Against the said judgment dated 5th April, 2015, the petitioner preferred a Title Appeal no. 100 of 2019 in which an interim order was passed on 14th June, 2019 restraining the private respondents from disturbing the peaceful possession of the petitioner and from changing the nature and character of the suit property and from ousting the petitioner without due process of law. The said order has been extended from time to time and is subsisting till date.

He submits that the petitioner is still in possession of a structure on the said property and taking advantage of the present disturbed situation, private respondents are raising new construction and changing the nature and character of the property. Though such fact was intimated to the police authorities no steps have been taken.

Mr. Banerjee, learned senior standing counsel appearing for the state respondents denies the contention of the petitioner and submits that no construction is being raised in the said property.

He submits that no phone call, as referred to in paragraph 3 of the application being C.A.N. No.3005 of 2020 was made to the respondent no.3.

It has been disclosed in the writ petition that another writ petition has been filed by the petitioner herein inter alia praying for cancellation of a building plan sanctioned by the Kolkata Municipal Corporation. The same pertains to a different cause of action and pendency of the same does not debar the petitioner from preferring the present writ petition.

Taking into consideration the prevailing unprecedented situation created by COVID 19 virus and the consequent lockdown of the entire country and in view of the long standing dispute amongst the parties and as the police authorities are under an obligation to enforce the order passed by the competent civil forum, I am of the opinion that the petitioner is entitled to an interim protection.

Accordingly, the private respondents are restrained from raising any further construction on the said property till 15th June, 2020. The respondent no.3 is also directed to ensure that no new construction is raised in the said property till 15th June, 2020.

Liberty to mention the matter upon notice to all the respondents.

All parties are to act on the basis of the server copy of this order.