HARISH TANDON,J. - (1.) The present writ petition is filed for a direction upon the corporation authorities to take steps for demolition of the illegal construction and stoppage of the illegal running of the private market on the lands of the petitioner comprised in R.S. Plot No. 126/165 and 124/167 of Mouza-Barakhola, G.L. No. 21, P.S. Purba Jadavpur, Dist. South 24 Parganas, measuring about 100 kathas.
(2.) The facts pleaded in the writ petition are that one Gangadas Paul was the recorded owner of 43.76 acres, more or less, of various classes of land situated at Mouza-Barakhola, P.S. Purba Jadavpur and in other mouzas in the District of South 24 Parganas. At the time of revisional settlement, those lands have been recorded in the name of the said owner and were classified as sali, jungle, vita, khal bill etc. The said Gangadas Paul died in the year 1958 leaving behind him surviving one son and three daughters namely Debabrata Sen, Sulekha Paul (Dey), Illa Basu Chowdhury, Reba Rani Ghosh.
(3.) A partition suit was filed being Title Suit No. 38 of 1962 in the Court of 3rd Judge at Alipore, which was decreed on compromise on 14th March, 1966. A Big Raiyat Case was started being BR Case No. 5 of 1967 and the notice was served upon the aforesaid heirs. In the meantime, an agreement for sale was entered into between the aforesaid heirs and West Bengal Employees (Food and Supply) Co-operative Housing Society Limited on 13th March, 1968 for sale of 85 bighas of land comprised in Mouza Barakhola.;