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DISTRICT – JALPAIGURI .
IN THE COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. NO - OF 2024.
IN THE MATTER OF :-
An application under Article 226 of the
Constitution of India.
-AND-
IN THE MATTER OF :
SRI DILIP SARKAR,
Son of Late Nitai Chandra Sarkar,
South Bidhan Pally, Oodlabari,
Manabari, Police Station – Mal
District – Jalpaiguri, Pin – 735222.
………….Petitioner
-Versus-
1. The State of West Bengal, Service through the
Secretary, Department Of Home, ‘NABANNA’ 325,
Sarat Chatterjee Road, Post and police station-
Shibpur, Howrah 711102.
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2. The Additional District Magistrate and District
Land and Reforms Officer, Jalpaiguri, Post and
District Jalpaiguri Pin 735101.
3. The Block Land and Land Reforms Officer,
Malbazar, Post office and Police Station Mal,
District Jalpaiguri, Pin – 735221.
……… Respondents
4. Shaymal Sarkar, son of Rasik Sarkar, residing at
Oodlabari, Post Office Manabari, Police Station Mal,
District Jalpaiguri, Pin 735221.
5. Subhash Sarkar, son of Rasik Sarkar, residing at
Oodlabari, Post Office Manabari, Police Station Mal,
District Jalpaiguri, Pin 735221
6. Sanjoy Thapa son of Rajib Kumar Thapa,
residing at Oodlabari, Post Office Manabari, Police
Station Mal, District Jalpaiguri, Pin 735221.
……… Private
Respondents
To
The Hon’ble T.S. Sivagnanam, Chief Justice and His companion
Justices of the said Hon’ble Court.
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The humble petition on behalf of the
petitioner above named most
respectfully –
S H E W E T H
1. Petitioner is a law-abiding citizen of India and is residing at the
address given in the cause title. The petitioner has locus standi to
move the present writ application.
2. That petitioner is the owner of land by way of inherited property from
his father Namely Nitai Sarkar (Since Deceased). Petitioner’s father
was the recorded owner of land measuring 2.50 acres, under Mouza
Oodlabari, J.L. no. 20, LR Plot no. 1949, 1950,1952, 1960. After
demise of Nitai Sarkar the petitioner got 1/5 share of Nitai Sarkar.
3. That thereafter petitioner recorded his name in LR Khatian no. 1762
under Mouza Odlabari J.L. no. 20 having LR Plot no. 1949
measuring area of land 0.02 acre,LR Plot no. 1950 measuring area of
land 0.12 acre, LR Plot no. 1952 measuring area of land 0.20 acre and
LR Plot no. 1960 measuring area of land 0.15 acre, total area of land
in four LR Plots 0.49 acre .
Copy of the Khatian no. 1762 is annex herewith which is
marked annexure P-1.
4. That in the month of April,2022 when the petitioner search his
Khatian in [Link] website and he found that LR Plot no.
1960 was deleted from petitioners Khatian and it was recorded
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petitioners Khatian no. 1762 and it was recorded in Khatian no. 1053
which was belongs to Shayamal Sarkar private respondent no. 4.
5. That thereafter the petitioner immediately applied for the order sheet
in connection with the mutation case no. MN/2022/0705/1069, to
the B.L.& L.R.O Malbazar on 30/05/2022.
Copy of the said application dated 30/05/2022 is annex
herewith which marked as annexure P-2 .
6. That on 15/06/2022 petitioner received the certified copy of mutation
case no. MN/2022/0705/1069 dated 25/02/2022. In this copy
petitioner found that in the LR Plot no. 1960, Khatian no. 1762 has
been recorded in favor of private respondent no. 4 Shayamal Sarkar
the share area of 0.1500 acre.
7. That after getting this information petitioner immediately lodge own
complain to the B.L.& L.R.O, Malbazar for correction of the LR.
Khatian no. 1762 on 15/09/2022 for rectifying the LR Plot number
8. That it is pertained that the Petitioner also lodged own complain to the
D.L.& L.R.O, Jalpaiguri for correction of the LR. Khatian no. 1762 on
15/09/2022 for rectifying the LR Plot number 20/06/2022.
9. That the petitioner applied for the order sheet regarding the case no.
MN/2022/0705/1069 before the B.L. & L.R.O, Malbazar, Jalpaiguri
on 30/05/2022.
10. That the private respondent no. 1 named Shaymal Sarkar
wrongfully/maliciously recorded the Plot No. 1960, Khatian no. 1762
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the share area of 0.0500 acre registered from Additional District Sub
Register of Rajganj.
11. That the private respondent 1 wrongfully / maliciously
recorded in his favour by virtue of the document deed no. 3362 deed
dated 12/12/2000 from Additional District Sub Register of Rajganj.
12. That the said plot of land situated under the jurisdiction of
Malbazar sub division but the some portion of the plot has been
recorded under the jurisdiction of Rajganj .
That the fact of the matter is that the petitioner bought a piece
and parcel of
13. land detailed Old Dag No. 567/1521, Plot Number 920,
Khatian Number 477, Nature of Land- Bastu, J.L. Number
009, Mouza- Bhitor Kamata, Block- Dinhata-I, Police
Station- Dinhata, District- Cooch Behar, West Bengal
measuring 0.01 acre of land from the legal heirs of Late
Dhirendranath Roy Sarkar in the year 2019. The land also
consists of a house.
14. That the petitioner being the supporter of BJP had
suffered a lot during post poll violence. His hearth and home
were demolished and plundered his valuable and important
belongings by the TMC members and miscreants after the
said violence. The petitioner registered an FIR No. 398/2021,
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Dated- 04/08/2021 U/S- 143/448/427/435/382 IPC at
Dinhata Police Station, against such atrocities. Accordingly,
the Deputy Superintendent of Police (Crime), Cooch Behar
had duly confirmed the above atrocities in Memo No.
1047/CRM, Dated- 17/12/2021.
15. That on 16/11/2021, manufacturing forged documents
and records the BLRO, Dinhata- I changed the name of
Dhirendranath Roy Sarkar to new fictitious name Birendra
Nath Roy Sarkar to save the skin of TMC workers and
miscreants. On 18/05/2022 the said BLRO with the same
intent and purposes added Pakhibihaga Agriculture Society
Ltd in R.S. Khatian No. 558, K.B Khatian No. 464 and L.R
Manual Khatian No. 477 to grab the petitioner ’s property as
because the petitioner is a supporter of BJP Party.
16. That on and from 17/08/2022, the aforesaid
miscreants making an unholy alliance with BLRO have been
constructing and/or building forcibly and illegally upon the
land of the petitioner.
17. That the BLRO as a matter of normal practice have
been changing the record every now and then for the
purpose of illegitimate gains.
18. That the documents of land of alleged Birendra Nath
Roy Sarkar was recorded by BLRO at Dinhata-I, showing R.S
Khatian No. 558 was entirely forged and fictitious as there
was no such office or its existence at Dinhata- I, the time we
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are talking about of this land. The said Dinhata- I office
came into existence after 1977.
19. That for the purpose of proper enquiry and detection of
the accurate and bonafide person the BLRO officer should be
called to appear personally before NHRC alongwith full
identity supported by legal and valid documents of Birendra
Nath Roy Sarkar together with his original deed of land for
its legal right, title and interest to prove the authenticity and
validity in this respect.
20. That in such incident on 21.12.2023 petitioner made one
application before the B.L.&L.R.O Dinhata I for correction of LR
record, but the B.L.&L.R.O Dinhata I nothing to do on the petitioner’s
application.
Photo copy of the Application dated 21.12.2021 is
annexed here with and which is marked as Annexure “P-1”.
21. The fateful fact of the petitioner is that on 08/05/2021 at about
5 pm Private Respondents along with 20 / 25 unknown miscreants,
came in front of the house of the petitioner and vandalized the said
House. They also took some valuable item and threatened the
petitioner with dire consequences. In this incident, the petitioner lost
approximately Rupees one laks.
Out of such incident brother of the Petitioner lodge one
complaint before the Inspector-in-charge, Dinhata Police Station.
Photo copy of the complaint is annexed here with and which is
marked as Annexure “P-2”.
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22. That on such incident petitioner lodged one complaint before
the I.C. Dinhata Police Station describing the above incident on
03/05/2021 but Dinhata Police Station just noted one general diary
report and started proceeding under Section 107 of the Criminal
Procedure of Code against Accused Persons.
23. It is stated by the petition on 19/08/2021 The Hon’ble High
Court Calcutta , Larger five Judges Bench passed an order that all the
matter was investigate by the Central Bureau of Investigation agency
and FIR can be started through written , email or through mobile
phone.
24. That after passed said order Dinhata Police Station started two
number of case against the accused petitioner one of Dinhata Police
Station, Case No. 398/2021 Dated 04.08.2021 Under Section
143/448/427/435/382 Indian Penal Code and another of case No.
465/2021 Dated 07/09/2021 under section
143/448/427/435/379/506 Indian Penal Code.
25. It is stated by the petitioner that in Dinhata Police Station Case
no.465/22 of 07/09/2021 Under Section
143/448/427/435/379/506 Indian Penal Code. Categorically stated
by the Petitioner is that some Unknown miscreants vandalized the
house of the complainant.
26. That there after your petitioner many time trying to enter in
their house but all the time the accused petitioners threatened to the
petitioner.
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27. That on 13.06.2022 your petitioner made a representation
before the Superintendent of Police of Coochbehar for proper
protection from the accused person but such action would not be
taken by the Superintendent of Police.
Photo copy of said complaint is annexed here with and which is
marked as Annexure “P-3”.
28. That it is stated that petitioner is the peaceful person and his
family are residing in the above mentioned address and the family
member of the accused person continuing threatened your petitioner
and his family member for withdraw the above noted case.
29. That there after the petitioners made a representation before the
Inspector – In Charge Dinhata Police Station and Sub-Divisional Police
Officer Dinhata on 13.06.2022 for proper protection from the accused
person but no such action has been taken by the Inspector-In-Charge
as well as Sub Divisional Police Officer, Dinhata.
Photo copy of the said complainants are annexed here
with and which is marked as Annexure “P-4”.
30. That there after petitioners found that the Accused Person with
the help of Hooligans unlawfully raised a construction without
sanctioning any plan from the competent authority of the Gosanimari
Gram Panchayet. They made complainant before the Gram Prodhan of
such Gram Panchayet by post on 17.08.2022.
Photo copy of said complainant is annexed here with and which
is marked as Annexure “P-5”.
31. It is your petitioner stated that the said house is the only
residential House of the Petitioners and their family Members of the
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petitioners which was damage and vandalized due to the post poll
violence and when he wants to make it repair, the private respondent
and his antisocial elements are restrained to the petitioner with dire
consequence. And your petitioner lodge another complainant before
the District Magistrate at Coochbehar, but no such action has been
taken by the said authority.
32. It is stated that the concern police authorities are not to do
proper action of the case and till now they failed to protect the
petitioner and his family from the accused person. Such kind of
investigation is being done by the investigating officer for the reasons
best known to them.
33. That there after petitioner made one application before the
National Human rights Commission for Schedule Caste and the
National Human rights Commission for Schedule Caste send the
matter to the District Magistrate Coochbehar and Superintendent of
Police Coochbehar on 10.05.2023 for inquiry the said matter and
submitted the report to the Recharch Officer of National Human rights
Commission for Schedule Castewithin 30 days from the receipts of the
said notice, but no such action has been taken by the District
Magistrate Coochbehar and the Superintendent of Police, Coochbehar.
Photo copy of Order is annexed here with and which is marked
as Annexure “P-6”.
34. That on 27.03.2023 petitioner made one application under
section 6 of Right to information Act, 2005 before the State public
information officer & Cooperative Development Officer, Coochbehar
range for seeking information is that whether is there any society has
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been registered in the name of “Pakhihaga Agricultural Society Ltd. at
Gosanimari and on 06.07.2023 the State public information officer &
Cooperative Development Officer, Coochbehar reply that there is no
such society in the name of “Pakhihaga Agricultural Society Ltd. at
Gosanimari.
Photo copy of RTI application along with reply is annexed here
with and which is marked as Annexure “P-7”
35. That no other alternative get in your petitioner also claim relief
in this writ petition and also claim for protection order from the
private respondents to repair theirs house.
36. It is stated that the concern authority did not take any step as
prayed for by the petitioner. The petitioner is aggrieved by such
conduct of the concerned authorities for which he is before this
Hon’ble Court for appropriate order.
37. Petitioner states that if this Hon’ble Court will not pass any
appropriate order against the accused person and started a specific
case, where as there is a specific section of that offence, your
petitioner will suffer irreparable loss and injury.
38. Being aggrieved by and dissatisfied with the act and actions of
the respondent authorities, your petitioner begs to move your
Lordship under Article 226 of the Constitution of India, on the
following amongst others :-
G R O U N D S
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I. For that the impugned action of the respondent authorities are
arbitrary and not warranted by the law as well as by the facts of
the present case.
II. For that the concerned police authorities are not properly
investigating the case and not proper protection to the petitioner
and his family where he is the petitioner of post poll violation.
Such kind of investigation is being done by the investigating
officer for the reasons best known to them.
III. For that the concerned authority did not take any steps as
prayed for by the petitioner. The petitioner is aggrieved by such
conduct of the concerned police authorities for which he is
before This Hon’ble Court for appropriate order.
IV. For that such action of the respondent authority is highly
illegal, arbitrary and cannot be sustained both from the points
of law as well as from the points of fact.
V. For that petitioner only seeking justice for claiming
compensation as per the order of government and seeking
protection to repair his book shop which was vandalized in post
poll violation so Respondent authorities may consider
petitioner’s representation and take appropriate steps in this
regards.
VI. For that in spite of repeated prayer being made before the
concerned respondent authorities no fruitful action what so ever
has been initiated.
VII. For that the act and actions of the respondents are in violation
of the Principle of Natural Justice.
39. That your petitioner has made demand of justice in the way of
making representations but justice has been denied to your petitioner.
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40. That if no order is passed in the present writ application, your
petitioner will suffer irreparable loss and injury.
41. That the petitioner submits that on the self-same cause of
action the petitioner has not made any other application before any
court of law.
42. That the petitioner submits that there is no other alternative
efficacious speedy remedy excepting moving an application under
Article 226 of the Constitution if India before this Hon’ble Court.
43. That the balance of convenience in the present case is very
much in favour of the petitioner for an interim order as prayed.
44. That this application is made bonafied and for the end of
justice.
In the above circumstances, your
petitioner most humbly prayes that
Your Lordships would gracious be
pleased to issue : -
a) A writ in the nature of Mandamus
commanding the respondent
authorities concern, to take proper
step to compensate to the petitioner
and proper protection to repair his
house which was vandalized in post
poll violation;
b) A writ in nature of Mandamus
commanding the respondent
authorities concern, to take proper
steps for dispose of the complain
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and/or representation dated
13.06.2022 filed by your petitioner and
further commanding them to act in
accordance with law;
c) A writ in the nature of Mandamus
commanding the respondent
authorities concern, specially
Respondent No. 5 to consider the
representation dated 21.12.2021 filed
by your petitioner and further
commanding them to act in
accordance with law;
d) A write in the nature of Certiorari
directing the respondents to produce
all the documents, in original, before
This Hon’ble Court so that
conscionable justice may be
administered therein ;
e) Rule NISI in terms of prayer (a),(b) and
(c) above make the Rule absolute after
hearing the parties ;
f) An ad interiem order be issued
directing the respondent to arrest the
accused persons and started a specific
case as per the Provision of Indian
Penal Code;
g) For costs and incidentals of this
application
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h) Any other Order or Orders’ Direction or
Directions as Your Lordship may deem
fit and proper.
And your petitioner, as in duty bound, shall ever pray.
AFFIDAVIT
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I JALPAIGURI, Son of Netai Chandra Sarkar, aged about 44 years, by
faith Hindu, by occupation- Business, residing at Suoth Bidhan Pally,
Oodlabari Tea Garden, Manabari, P.S. MalDistrict – Jalpaiguri, Pin –
735222, do hereby solemnly affirm and say as follows:-
1. That I am the Petitioner of the instant writ petition and as such I am
well acquainted with the facts and circumstances of the case.
2. That the statements made in paragraph Nos. 1 to 10, 11 and 26
are true to my knowledge and those made in paragraph No. 26 thereof
are my humble and respectful submissions before this Hon’ble Court.
Prepared in my office The deponent is known to me
and Identified by me
Advocate Advocate
Solemnly affirmed before me on this Enrol- F/1954/2009
the day of September, 2024. Date -
COMMISSIONER
I certify that all
Annexures are legible.
Advocate
DISTRICT – JALPAIGURI.
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IN THE CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. A. NO - OF 2024.
IN THE MATTER OF :-
An application under Article 226 of the
Constitution of India.
- And -
IN THE MATTER OF :-
Dilip Sarkar
….Petitioner.
-Vs-
The State Of Bengal & Ors .
…..Respondents.
PETITION
Advocate – on Record
Shubhankar Dutta
Advocate
Bar Association,
Circuit Bench of Calcutta
High Court at Jalpaiguri
M – 9332966239.
Email ID : [Link]@[Link]
