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DISTRICT : 24 PARGANAS (NORTH)
IN
THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
--------------
W.
P. NO. 1788
(W) OF 2017;
In
the matter of :
An
application under Article 226 of the Constitution of India;
And
In
the matter of :
A
writ of and/or writs in the nature of Mandamus and/or Certification and/or any
other appropriate writ or writs and/or other Order or Orders and/or direction
or directions of like nature;
And
In
the matter of :
Violation
of fundamental rights guaranteed to the petitioners under Articles 14, 19(1)G
and Article 21 of the Constitution;
And
In
the matter of :
Illegal
and arbitrary in action on the part of the respondent authorities and refusal
to accept Khajna / land revenue;
And
In
the matter of :
1. Mumbai
Properties & Finance Private Limited, a Company incorporated under the
provisions of Companies Act, 1956, having its registered office at 9, M.G Road,
9th Floor, Kolkata - 700012, West Bengal.;
2. ARABINDO AJARWAL, Director and working for gain at Mumbai
Properties & Finance Private Limited of 9, M.G Road, Kolkata - 700012, West
Bengal, having his Office at 9, M.G Road, Kolkata - 700012, West Bengal;
…. … Petitioners
-Versus-
1. The State of West Bengal, through the Secretary, Department of
Land having its office at “WRITTERS”
JRAC Building, 210, Robindro Saroni Road, Howrah - 711124, West Bengal;
2. The
District Magistrate, Barasat, 24-Parganas (North);
3. The
Additional District Magistrate (L.R.), Barasat, 24-Parganas (North);
4. The
Block Land & Land Reforms Officer, Barrakpore, District- 24-Parganas
(North;
5. Directorate of Land Records and Survey, Government of West Bengal,
having its office at 16, Ashoknagar Road, Kolkata - 700022, West Bengal:
…... Respondents
To
The
Hon’ble Mrs. Suman Agarwal, Chief Justice and Her Companion Justices of this
Hon’ble Court.
The humble petition of the petitioners above named
most respectfully –
S H E W E T H :
1. The
petitioner Nos. 1 is a company incorporated under the provisions of Companies
Act, 1956, having its registered office at the address mentioned in the cause
title above. The petitioner No.2 is a director/ shareholder of the petitioner
No.1. The petitioner No.2 is vitally interested in the affairs and functioning
of the petitioner No.1. The petitioner No. 2 carries on his business through
the instrumentality of the petitioner No. 1.
The petitioner No.2 is a citizen of India.
2. The
respondent Nos. 3 and 4 discharge statutory functions under the West Bengal
Land Reforms Act, 1955 (hereinafter referred to as the “said Act”). The
respondent No. 4 is authority concerned for effecting mutation the Record of
Right. The respondent No. 4 is inextricably linked to the cause of action of
the instant application for the reasons as more particularly stated here under.
The respondent Nos. 1 to 5 are state within the meaning of Article 12 of the
Constitution and are thus amenable to writ jurisdiction.
3. The
petitioners by a registered Deed of Conveyance dated 28.05.2012 purchased a
property approximately 18 Cottahs 8 Chittaks and 6 Square feet of land
(hereinafter referred to as the “said property”), details of which are more
fully and particularly described in the Schedule hereunder given. The
petitioners crave leave to refer to a copy of the registered Deed of Conveyance
at the time of hearing, if necessary. The petitioners had purchased the said
property for developing the same.
4. The
property was purchased in the year 2012. After purchase of the said property,
the petitioners have in sole and absolutely possession of the same. The
petitioners are the owners of the said property.
5. After
purchase of the said property, the petitioners approached the concerned Block
Land & Land Reforms Officer being the respondent No. 4 herein for deposit
of khajna/land revenue for the purpose of effecting mutation of their names for
correction/modification of record of rights.
6. Prior
to the purchase of the said property, the predecessor-in-interest of the
petitioners had represented themselves to be the owners and/or rayats in respect of the said property. The
petitioners were furnished with a copy of the relevant land records to
exemplify such fact. The predecessor-in-interest had furnished the petitioners
with a copy whereby the name of the predecessor-in-interest of the petitioners
was recorded as rayat in respect of the said property. Based on such assurance,
the said property was purchased by the petitioners upon payment of huge amount
of consideration.
7. However,
after the petitioners approached the respondent No. 4 for payment of khajna for
effecting mutation, such payment was refused. The petitioners were not given
any reason for such refusal. The petitioners were verbally informed that land
revenue could be accepted only after permission from the respondent No. 4. As
advised, the petitioners preferred an application before the respondent Nos. 3
and 4 dated 27.8.2015, copies whereof
are annexed hereto and collectively marked as Annexure “P-1”.
8. The
petitioners further visited the Office of the respondent No. 4 on 4.12.2015 and
to exemplify that the said property has been owned and being in possession of a
private individual since the 74 years. The chain Deeds, to which the
petitioners crave leave to refer to at the time of hearing, if necessary were
further produced. The petitioners further visited the Office of the respondent
No. 3 to establish the aforesaid facts to allow the petitioners to deposit the
land revenue for the purpose of mutation, in respect of the said property.
9.
The petitioners had purchased the property in the year 2012 as stated above.
Prior to the purchase of the said property, the petitioners had been forwarded
relevant extract of the land records pertaining to the said property whereby
the predecessor-in-interest was recorded as rayat. In spite of several verbal
requests, the respondent No. 4 had refused to divulge any information and/or
particulars for non-acceptance of land revenue/khajna in respect of the said
property.
10. The
petitioners had purchased the said property with the intention of construction
of a residential apartment. A plan for construction of G + 5 storied
residential building was duly sanctioned by the concerned municipality on
25.10.2013. The petitioners crave leave to refer to a copy of the said
sanctioned plan at the time of hearing, if necessary. In furtherance of the
above endeavor, it is imperative that the petitioners are allowed to deposit
the land revenue/khajna in respect of the said property, to enable the initiation
of process for mutation of the name of the petitioner No.1 in the land record
consequently.
11. In
spite of receipt of the aforedated representations and despite having knowledge of the aforesaid
fact, the respondent authorities have illegally and arbitrarily failed to accept and/or allow the petitioner
to deposit the land revenue/khajna in respect of the said property.
12. The
respondent authorities have failed to discharge statutory obligation. The
respondent authorities have acted contrary to the provisions of the said Act.
13. Illegal
and arbitrary in action on the part of the respondent authorities in divulging
the correct information in respect of the said property is violative of Article
14 of the Constitution of India
14. In
such fact, it is imperative that the respondent authorities are directed to
receive the land revenue/khajna from the petitioners in respect of the said
property to enable the petitioners to take steps for effecting mutation of
their names in the record of rights.
15. The
said property was purchased by the petitioners for developing the same. The
illegal and arbitrary inaction on the part of the respondent authorities has
resulted loss in the business. The petitioners’ rights guaranteed under Article
19(1)(g) of the Constitution have been violated.
16. The
petitioners are gravely prejudiced by the inaction on the part of the
respondent authorities in refusing and/or neglecting to divulge information in
respect of the true and correct status of the said property.
17. The
respondent authorities are acting in a highhanded and capricious manner in
failing and/or refusing to accept land revenue/khajna in respect of the aid
property.
18. The
respondent authorities are acting in a manner that is proscribed by Article 14
of the Constitution of India.
19. Being
aggrieved by and/or dissatisfied with the refusal of the respondent authorities
to accept the land revenue/khajna from the petitioners to enable them to take
steps for effecting mutation of their names in the record of rights, your
petitioners beg to approach before this Hon’ble Court on the following amongest
other:
G R
O U N
D S
For that the
respondent authorities have failed to discharge statutory obligation. The
respondent authorities have acted contrary to the provisions of the said Act.
For that illegal and
arbitrary in action on the part of the respondent authorities in divulging the
correct information in respect of the said property is violative of Article 14
of the Constitution of India
For that in such
fact, it is imperative that the respondent authorities are directed to receive
the land revenue/khajna from the petitioners in respect of the said property to
enable the petitioners to take steps for effecting mutation of their names in
the record of rights.
For that the said
property was purchased by the petitioners for developing the same. The illegal
and arbitrary inaction on the part of the respondent authorities has resulted
loss in the business. The petitioners’ rights guaranteed under Article 19(1)(g)
of the Constitution have been violated.
For that The
petitioners are gravely prejudiced by the tinaction on the part of the
respondent authorities in refusing and/or neglecting to divulge information in
respect of the true and correct status of the said property.
For that the
respondent authorities are acting in a highhanded and capricious manner in
failing and/or refusing to accept land revenue/khajna in respect of the aid
property.
For that the
respondent authorities are acting in a manner that is proscribed by Article 14
of the Constitution of India.
20. There
is no other speedy, and/or efficacious, and/or alternative remedy open to the
petitioners and the relief as prayed for herein below, if granted, would afford
adequate relief to the petitioners. The respondent authorities have refused to
accept the land revenue, which is the pre-condition for taking steps for
mutation of the names of the petitioners in the record of rights. The
petitioners have no other alternative and efficacious remedy.
21. Your
petitioners have not filed any other proceedings either in this Hon’ble Court
or in any other Forum on the self same cause of action. The reliefs as prayed
for herein, if grant, would afford complete remedy to the petitioner.
22. Your
petitioners state that the records of this instant case are lying in the office
of the respondents outside the Appellate Side Jurisdiction of the Hon’ble
Court.
23. The
balance of convenience is entirely in favour of passing of orders as prayed for hereinafter.
24. In the facts and
circumstances of the case, any formal demand of justice would be an idle
formality.
25. Unless
orders as prayed for hereinafter are made, your petitioners will suffer
irreparable loss, prejudice and injury.
26. This
application is bona fide and made for the interest of justice
In the circumstances, your petitioners most humbly
pray before Your Lordships for the following orders:
(a) A writ of and/or in the nature of
Mandamus commanding upon the respondent authorities to forthwith accept the
requisite sum towards land revenue/khajna in respect of the property situated
at 46, Dr. Sailen Das Sarani, Kolkata - 700028, under Mouza - Dum Dum Cant.,
C.S. Dag No. - 2103, C.S. Khatian No. - 16, J.L. No.- 13, Touzi No. - 3194,
Holding No. - 377, Ward No. - 19 from the petitioners;
(b) A writ of and/or in the nature of
Certiorari directing the respondents to certify and transmit the records
pertaining to the instant case before
this Hon’ble Court so that conscionable justice may be rendered upon perusal of
the same;
(c) Rule
NISI in terms of prayers above;
(d) A mandatory order of permanent injunction
directing the respondent authorities to forthwith accept the requisite sum
towards land revenue/khajna in respect of the property situated at 46, Dr.
Sailen Das Sarani, Kolkata - 700028, under Mouza - Dum Dum Cant., C.S. Dag No.
- 2103, C.S. Khatian No. - 16, J.L. No.- 13, Touzi No. - 3194, Holding No. -
377, Ward No. - 19 from the petitioners;
(e) Ad-interim
orders in terms of prayers above;
(f) Costs
including full fees of the advocate be borne by the respondents;
(g) Such
further and/or other order or orders be passed, and/or direction or directions
be given as to this Hon’ble Court may deem fit and proper.
And your petitioners, as in duty bound, shall ever
pray.
A F F I D A V I T
I,
ARABINDO AJARWAL, Director of M/S, Mumbai Properties
Finance Pvt. Ltd., aged about _______ years, by faith Hindu, by occupation
service, residing at 9, M.G Road, Kolkat - 700012, West Bengal, do hereby solemnly
affirm and say as follows:-
1. That
I am the petitioner No. _____ herein and as such I am well acquainted with the
facts and circumstances of the above case. I am competent to affirm this
affidavit.
2. That
the statements made in paragraph Nos. ________________ are true to my knowledge and
those made in paragraph __________ are my respectful submissions before this
Hon’ble Court.
Prepared in my office The
deponent is known to me.
Advocate Clerk to Mr. ____________
Advocate
Solemnly affirmed before me on
This the day of January, 2017.
COMMISSIONER
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