- (1.) The petitioner in this art.226 petition dated November 22, 2011 is seeking the following principal relief: "a) A Writ of and/or in the nature of Mandamus be issued commanding the respondent authorities, particularly the respondent No.3 hand over the Deed of Conveyance belonging to the petitioner forthwith and to further directing the respondent No.6 initiate appropriate enquiry and/or investigation by taking cognizance to the complaint lodged by the petitioner forthwith." Counsel for the petitioner submits as follows. Since the petitioner has no idea who has taken away the conveyance from his house in his absence, especially when he did not take any loan from the bank of which the third respondent is the Manager, the third respondent should be directed to hand over the conveyance and the sixth respondent (Mr P.C. Panda, Chief Manager) should be directed to make an investigation by taking cognizance of the complaint lodged by the petitioner.
(2.) A copy of the complaint to the Branch Manager of the bank (Punjab National Bank) is at p.42, and it is dated August 28, 2006. Relevant parts of the complaint are quoted below: "That during my stayal at the kingdom of Saudi Arab my said care-taker Md. Nurul Islam Halder @ Raja S/o. Lt. Rahim Box Halder Vill. Banshidharpur (Haldar Para), P.O. Ramakantanagar, P.S. Mondir Bazar, Dist.- 24 Pgs(South) had theft my above mentioned 7 Nos. 2 registered deeds from my almirah of the house and submitted at your branch. It is learnt from a reliable source that the said original deeds are lying at your branch. Under this circumstances, I would, therefore, like to request you to kindly arrange to refund of my above 7 nos. original deeds within 15 (fifteen) days otherwise I am compelled to file suit against you at the appropriate forum of law to get legal justice and opportunity."
(3.) Inspite of the fact that the petitioner submitted the complaint as back as August 28, 2006 alleging that the caretaker engaged by him had committed theft, and that the deeds in question were in the custody of the branch of the bank, it is evident that the petitioner did not go to the Criminal Court with his complaint.;