- (1.) By this writ petition the petitioners (Blackberry) seek to prohibit the authorities from giving effect to the order dated 6th August, 2014 passed in M. Case No. 819/A of 2013 so also non-interference with Blackberry's peaceful occupation and possession in the said premises and for restoration of possession.
(2.) The case of Blackberry is that the order dated 6th August, 2014 was passed on a complaint filed by the respondent No. 4 (Orbit) in April 2013 against Sudipta in respect of an alleged blockade caused over an alleged path. There is no path as alleged by Orbit, instead the said alleged path is comprised in a piece of land of which Blackberry is the owner. The original owner of the subject premise was Fort William Company Limited which went into liquidation. The Official Liquidator took possession of all the properties of the said Company (in liquidation) and in sale proceedings the subject premises was purchased by one Sudipta Traders (Sudipta). Subsequent on an application filed by Sudipta, the Official Liquidator was allowed to execute the Deed of Conveyance in the name of Sudipta and Blackberry as a co-purchaser. The Official Liquidator after receiving a letter from the Konnagar Municipality wherein, the no objection of the Municipality was recorded, possession of the property was handed over to Sudipta in the presence of the Chairman, Konnagar Municipality. That 20.952 acres was sold to Blackberry and Sudipta by the Official Liquidator is admitted. The dispute sought to be raised is in respect of a 25' wide road way on the land of the petitioner Blackberry which the Municipality claims is a public road and Gujarat Composite and Orbit claim as a common passage.
(3.) For the first time, in April 2007 Gujarat Composite Ltd. claimed a right in the common passage stretching from G.T. Road through the premises purchased by Blackberry. The said claim was rejected by order dated 11th February, 2011. The appeal filed was also dismissed, and liberty given to Gujarat Composite to initiate independent proceedings in accordance with law.;