Promotha Kumar Sarkar vs The State Of West Bengal & Ors
2022 Latest Caselaw 2310 Cal

   88.
25.04.2022
   S.D.

                                      W.P.A. 20395 of 2021

                                Promotha Kumar Sarkar
                                           Vs.
                             The State of West Bengal & Ors.

                   Mr. Debjit Mukherjee
                   Ms. Susmita Chatterjee
                   Ms. Dipanwita Ganguly
                   Mr. Kaustav Bhattacharya
                                                  ...For the petitioner.

                   Mr. Chandi Charan De, Ld.A.G.P.,
                   Mr. Anirban Sarkar
                                             ....For the State.

                   Mr. Mrityunjoy Goswami
                   Mr. Parikshit Goswami
                                                  ...For Respondent No. 5.

The contention of the petitioner is that though the

predecessor-in-interest of the petitioner was allotted plot no.

LOP-79 by the Refugee Relief and Rehabilitation Department,

Government of West Bengal, the free hold title deed with

regard to the said plot was executed in favour of the private

respondent by mistake. A title suit praying for declaration

and injunction filed by the petitioner in this regard was

dismissed by the learned Trial Court and the said judgment

was also affirmed in appeal. Second Appeal referred by the

petitioner is pending.

The private respondent, on the other hand, filed an

eviction suit against one Pushpa Sarkar in respect of the plot

in question without impleading the writ petitioner as a party

defendant therein and the suit was decreed ex parte. The

present petitioner appeared in the execution proceedings by

an application under Order XXI, Rule 99, 100 of the Code of

Civil Procedure which was registered as Misc. Case No. 10 of

2003 and is still pending.

Learned counsel appearing for the petitioner submits

that during pendency of the Second Appeal, the petitioner

was informed by the S.P.I.O. & O.C., Refugee Relief &

Rehabilitation Section, Barasat, North 24 Parganas in reply to

an application made by him under the Right to Information

Act, 2005 that the name of the allottee in LOP-79 was Satish

Chandra Biswas (predecessor-in-interest of petitioner) and

the free-hold title deed was issued in respect of LOP-79 in

favour of Monorama Biswas (private respondent). The

petitioner further draws the attention of the Court to page 12

of the writ petition which demonstrates that by a letter dated

28.12.2020, the District Rehabilitation Officer, Barasat, North

24 Parganas acknowledged that the name of the private

respondent was recorded with regard to LOP-79 due to

clerical mistake. The District Rehabilitation Officer, by letter

dated 28.12.2020, requested the private respondent to appear

before him for issuance of fresh rectified deed against LOP-76

which is in fact allotted in favour of the private respondent.

Learned counsel for the petitioner intends to bring

these facts before the Hon'ble Division Bench in the pending

appeal and seeks liberty to withdraw the writ petition on this

score.

Accordingly, W.P.A. 20395 of 2021 is dismissed for non-

prosecution.

Liberty is granted to the petitioner to approach the

appropriate forum for redressal of his grievance.

However, there shall be no order as to costs.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)