PROTIK PRAKASH BANERJEE,J. - (1.) The writ petitioner filed this writ petition challenging the order dated November 30, 2016. This was not the first litigation between the State and the writ petitioners. In an earlier round being W.P. No. 5388 (W) of 2016, the writ petitioners had challenged the arbitrary action of the respondent authorities in refusing to mutate the names of the writ petitioners in respect of the concerned property. On that occasion one Gautam Sarkar who is the third son of the first writ petitioner had applied by way of CAN 4300 of 2016 in W.P. 5388(W) of 2016 for intervention. Mr. Ali who represents such Gautam Sarkar who has been granted leave to intervene by my earlier orders has filed an application being CAN 9159 of 2017 before this Court. Mr. Ali, learned advocate submits that this application was on the basis of a prior title suit having been filed by his client against the present writ petitioners where inter alia, the following reliefs were prayed : a. Pass an Order of injunction restraining the Respondent from dealing with and/or disposing of and/or alienating and/or creating third party interest in respect of the Schedule 'A 'and 'B' properties, within the aforesaid jurisdiction till the disposal of the suit. b. Pass an order of injunction temporarily injuncting the Respondents and each of them and/or any person authorised by the Respondents and/or any of them from operating the current account and/or any other account(s) as mentioned more fully at paragraph 12 and its sub-paragraphs and/or depositing any money threin and/or issuing any cheque or other instrument thereon till the disposal of the suit. c. Pass an interim order in terms of prayer a), but till disposal of this application. d. Pass an interim order in terms of prayer b), but till disposal of this application. e. Pass suitable orders as to costs of and/or incidental to this application including legal expenses. f. Pass such other and/or further orders(s)/direction(s) as may seem fit and proper.
(2.) The schedule to the plaint in the said title suit are as follows:-Schedule - 'A' Anurag Snacks and Restaurant". "Anurag Guest House" and "Anurag Community Center" lying and situated at B-9/6 (Commercial Area), Post Office-Kalyani, Nadia, butted and bounded as follows:- JUDGEMENT_264_LAWS(CAL)8_2018_1.html Schedule - 'B' 1) ALL THAT piece and parcel of land and ground measuring 05(five) cottahs 15(fifteen) chittaks and 38(thirty eight) squre feet to be the same a little more or less being Plot No. 59, Sub-Block No. 11, of Block No. B in the town of Kalyani developed by the Government of West Bengal in the Sub-Division of Kalyani in the District of Nadia, Thana-Kalyani, Sub-Registration office Kalyani of the Krishnagar Collectorate and butted and bounded in the manner following that is to say - 2) ALL THAT piece and parcel of land being plot No. 106, Sub-Block No. 8, in Block-B of the Kalyani Town (Kancharapara Development Scheme of the Government of West Bengal) in the Sub-Division of Kalyani, District-Nadia, butted and bounded as follows:- JUDGEMENT_264_LAWS(CAL)8_2018_2.html
(3.) The said title suit No. 88/2015 was transferred from the docket of the learned civil Judge, Senior Division at Kalyani to the Court of the learned civil Judge, senior division at Barasat and re-numbered as title suit No. 366/2016.;