HARISH TANDON,J. - (1.) The petitioners claim to be the owner of a land measuring 1 Bigha 6 Cottahs 8 Chitacks and 15 Sq.ft. together with the tank situated on a divided and demarcated South Eastern portion of the premises No. 40, Motilal Basak Lane, Kolkata-700054. According to the petitioners, after having purchased the said property from the then recorded owner, they constructed boundary wall and are in exclusive possession thereof. The petitioners have applied for mutation of the names in the register maintained by the Kolkata Municipal Corporation but the same has not been done as yet.
(2.) It is stated by the petitioners that on 20/21st June 2016, certain persons of the respondent no.5 forcibly entered into the property. They entered the property along with excavator and payloader and started excavation work at a portion thereof. The petitioners say that on an enquiry it was found that the aforesaid work had been done on the basis of an order passed by the Kolkata Municipal Corporation. Immediately the petitioner moved a writ petition being WP No. 602 of 2016 before this Court. At the time of moving the said writ petition, on 23rd June, 2016 it was submitted by the learned Advocate appearing for the Kolkata Municipal Corporation that the Corporation was not involved in any such activity of excavation and, therefore, the writ petition filed against them was not maintainable. The Court though recorded the aforesaid submission of the Kolkata Municipal Corporation but expressed that the persons responsible for doing excavation work need to be identified.
(3.) Accordingly, the direction was passed upon the Officer-in-charge of the Phoolbagan Police Station to inquire and submit a report before the Court on 4th July, 2016. The said writ petition appeared on 5th July, 2016 and the report was submitted by the said Officer-in-charge, wherefrom it appeared that the Corporation was not involved in such excavation activities as the same was done in pursuance of an order passed by the Government of West Bengal.;