- (1.) This writ petition was heard on merits, taking it as on day's list when the matter was taken up for considering CAN No.6973 of 2014 and CAN No.7937 of 2014. This writ petition is in the nature of Public Interest Litigation seeking following reliefs:- a) A writ of and/or a writ in the nature of mandamus commanding the state respondent Nos.1 to 3 and 5 to immediately withdraw/rescind/cancel and declare null and void all the said illegal mutation certificates issued by them in favour of the private respondent Nos.6 to 15 by strucking down the names of the private respondent Nos.6 to 15 from the assessment register of the Municipality canceling their new holding numbers, if any, allotted illegally by the said respondent Nos.1 to 3 over the said Government vested vacant land which is being used as public park or playground commonly known as SUTAKAL MATH pertaining to R.S. Dag No.2685, Khatian No.228, J.L. No.20 of Mouza Sagachi, P.S. Dum Dum, Dist. North 24 Parganas. b) A writ of and/or a writ in the nature of mandamus commanding the respondents to restrain themselves and/or to act upon the illegal mutation certificates issued mala fide for the said vested land and/or to make any construction work thereon by converting the said public park or playground to private plots for any private purposes detrimental to public interest. c) A writ of and/or order and/or direction in the nature of Mandamus do issue commanding all the state respondents their men, agents subordinates not to co-operate illegally the private Respondents in their nefarious activities rather extend appropriate statutory protection to the common people of the locality in their peaceful use and enjoyment of the public park or playground like before without any interference by the said private respondents in any way and manner whatsoever. d) A writ of and/or in the nature of Prohibition do issue prohibiting the concerned respondents, their men, agents subordinates and assigns to act anything illegal, arbitrary and against the public interest and policy and further converting the public playground or park the vested land into residential cum commercial complex on the strength of the illegal mutation certificates. e) Another writ in the nature of prohibition do issue prohibiting the concerned Respondent Municipal Authorities each one of them, their men, agents, servants, subordinates and assigns from making any further delay in taken step to rescind, cancel, withdraw or set aside the said illegal mutation certificates issued in favour of the Private Respondent Nos.6 to 15 by striking down the names of all of those private respondents from the assessment register of the Municipality and canceling the new holding nos. if any allotted in their names illegally by the said Respondent Nos.1 to 3 and further prohibiting the private Respondents to start any construction work on the said vested land converting illegally the public park or playground into private residential cum commercial complex. f) A writ of and/or order and/or direction in the nature of Certiorari do issue calling up on the Respondents and each of them to certify and remit the records of this case before this Hon'ble Court so that conscionable justice may be administered and/or done to the case and your petitioners. g) Pass appropriate direction(s) or order(s). h) Rule NISI in terms of prayers (a) to (g) as above. i) An order do issue directing the Respondents Authorities to take immediate steps to prevent the private Respondents and their men, agents servants etc. from entering the said public park or playground or from making any construction thereon in any way and manner whatsoever on the strength of illegal mutation certificates issued in their favour illegally by the respondent No.1 to 3 until those are rescinded, cancelled, withdrawn or declared as null and void by the issuing authorities i.e. State Respondent Nos.1 to 3 or by Respondent No.5. j) Ad-interim order do issue restraining the Respondents from causing any disturbance, interference, obstruction in the smooth and peaceful use and enjoyment by the common people of the said public park or playground vested to the State until rescission, cancellation, withdrawal or declaration by the State Respondent Nos.1 to 3 and 5 as null and void of the said illegal mutation certificates issued mala fide in favour of the private respondent Nos.5 to 16 by striking down the names of all of those private Respondents from the assessment register of the Municipality canceling the new holding nos. if any, allotted to them illegally by the said Respondent Nos.1 to 3. k) To pass any other or further order or orders as Your Lordships may deem fit and proper.
(2.) At the time of submission of arguments, learned Counsel for petitioners persistently brought to our notice two other writ petitions W.P. No.4232 (W) of 2010 and W.P. No.33360 of 2013 are pending connected to these writ petitions and in the light of observation of Apex Court in Special Leave to Appeal (civil) No.31805 of 2013 all the connected matters have to be heard and disposed of as expeditiously as possible. We secured the records in the above two writ petitions as well.
(3.) So far as the present W.P. No.19751 (w) of 2012, it relates to vacant land measuring about 26 cottahs in R.S. Dag No.2685, Khatian No.228, J.L. No.20, Mouza-Satgachi, District- 24 Parganas (North). The reliefs sought in this writ petition are as mentioned above.;