AHINSA COMMOTRADE PRIVATE LIMITED Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-1997-2-60
HIGH COURT OF CALCUTTA
Decided on February 18,1997

Ahinsa Commotrade Private Limited Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Satyabrata Sinha, J. - (1.) The petitioner in this writ application, inter alia, has prayed for the following reliefs:- "(a) A writ in the nature of Mandamus commanding the respondents to refrain from taking any step or further steps in disturbing possession of the petitioners in respect of the land lying and situated at and comprised of Dag Nos. 509 and 513 under Khatian No. 406, Mouza Bonchtala in the District of 24-Parganas (South) without any due process or sanction of law and also without affording reasonable opportunity to the petitioners of being heard. (b) A writ in the nature of Mandamus commanding the respondents not to take any step in any manner whatsoever whereby the title of the petitioner in respect of the said lands comprised of Dag Nos. 509 and 513 under Khatian No. 406, Mouza Bonchtaia in the District of 24-Parganas (South) is in any way affected."
(2.) The fact of the matter lies in a very narrow compass.
(3.) The petitioners claimed their right, title and interest by reason of a Deed of Conveyance dated 25th June,1994 executed by one Kumari Sampa Halder, daughter of Late Tarak Halder, a copy whereof is contained in Annexure C to the writ application. According to the petitioner, the names of the predecessor-in-interest of its vendor were recorded as Dhakalkar in the record of rights under Khatian No. 184. The petitioners contend that they have been paying rent to the State of West Bengal. They had also sought for information from the Calcutta Metropolitan Development Authority as to whether the lands in question have been requisitioned or acquisitioned or not, to which the said authority replied by a letter dated 27-5-19493 that the said land had not been acquisitioned. The name of the petitioner is said to have been mutated in terms of Section 50 of the West Bengal Land Reforms Act in the Office of the Block Land and Land Reforms Officer. The petitioner also applied for mutation of its name before the competent authorities of the Calcutta Municipal Corporation but no order has yet been passed thereon. Allegedly on 20th November, 1996 the lands were being measured and a threatening was given that the petitioners would be dispossessed, in the said premises the petitioner filed this writ application.;


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