Calcutta High Court (Appellete Side)

Sri Bhuban Chaital vs Durgapur Steel Plant Authority & ... on 17 May, 2022

                                       1


                    IN THE HIGH COURT AT CALCUTTA

                     (Constitutional Writ Jurisdiction)

                              APPELLATE SIDE

Present:

The Hon'ble Justice Krishna Rao

                              WPA 498 of 2009
                                    With
                           IA No. CAN 2 of 2014
                        (Old No. CAN 3191 of 2014)
                            Sri Bhuban Chaital
                                   Versus
                   Durgapur Steel Plant Authority & Ors.
                                    With
                            WPA 16663 of 2018
                            Sri Bhuban Chaital
                                   Versus
                           Union of India & Ors.



            Mr. Binoy Kumar Panda
            Mr. Raju Mondal
                                  .....For the Petitioner in both the matters.
            Mr. Tapas Kumar Banerjee
            Mr. Sauvik Nandy
                               ......For the Respondents in both the matters.

Heard on                : 24.02.2022

Judgment on             : 17.05.2022

Krishna Rao, J.:    The petitioner and one Shri Jiban Kumar Ghosal, the

respondent no. 4 herein have jointly applied for allotment of Stall No. DR. 21

at Akbar Road and accordingly, the respondent authorities have allotted the

said stall in the joint name of the petitioner and the respondent no. 4 vide

letter dt. 28.12.2002. After the order of allotment the respondent no. 4 had

entered into an agreement with one Shri Uma Kanti Chaital with respect of

his 50% of share in the said stall.

The petitioner had also entered into a Partnership Deed with respect

of his share along with his wife wherein it is mentioned that the wife shall

get the benefit of 99% of the profit and the petitioner will get only 1% profit

from the said stall. The petitioner has also enterded into a deed of

declaration with his wife wherein the petitoner declared that the petitioner

is not able to devote himself in the said business due to his personal

engagement and he relinquished all title and interest of the said business

and the said stall in favour of his wife. The petitioner has also executed a

Power of Attorney with respect of his share of business in the said stall in

favour of his wife.

As per the agreement entered between the respondent no. 4 and Shri

Uma Kanti Chaital, Shri Uma Kanti Chaital has taken possession of the

share of the respondent no. 4 in the said stall. When the petitioner came to

know about the same, the petitioner had made complaint to the authorities

against the respondent no. 4. As the authorities have not taken any action

on the complaint made by the petitioner, the petitioner has filed a writ

application before this Court being W.P. No. 27200 (w) of 2007 and the said

writ petition was disposed of directing the respondent authorities to dispose

of the complaint of the petitioner by giving an opportunity of hearing to the

petitioner and the private respondent.

After the order passed by the Coordinate Bench of this Court, the

respondent authorities have passed the following order :-

"(I) Sri Bhuban Chaital and Sri Jiban Ghosal shall run their business jointly peacefully and harmoniously and in accordance with the terms and conditions under which the shop has been allotted to them jointly. They shall also jointly ensure that there is no unauthorized occupation of the stall.

(II) Sri Bhuban Chaital and Sri Jiban Ghoshal shall forthwith take steps to clear all outstanding dues.

(III) In the event either of the parties raise fresh dispute(s) or cause any disturbance, DSP shall be at liberty to take back possession of the said stall by cancelling the allotment

(IV) Both the parties shall jointly file an undertaking that they have resumed business operation harmoniously."

After the order passed by the respondents, the petitioner had made an

application to the respondent authorities to hand over possession of the

share of the petitioner in the said stall and when the respondents have not

considered the application, the petitioner has filed the instant writ petition

praying for possession of the said stall.

During the pendency of the instant writ application, the petitioner has

also made complaints against the respondent no. 4 alleging that the

petitioner has been illegally ousted from the said shop and the respondent

no. 4 through his men and agents illegally running the business and is

neither paying the rent of the said stall nor is paying the electrical charges

to the concern authority and requested for disconnection of the electric

connection of the said stall.

As the respondent authorities have not disconnected the electricity

connection, the petitioner has filed another writ application being WP No.

16663 of 2018 praying for an order for disconnection of the electric

connection of the said stall.

The Counsel for the respondent authorities submitted that the writ

application filed by the petitioner is not maintainable under law and the

petitioner trying to invoke writ jurisdiction for resolving an issue pertaining

to interse-parties and the same is private dispute, cannot be decided in the

writ jurisdiction.

To resolve the dispute between the parties, the Senior Manager TS-TA

(Accts & Rev) of Town Services Department of Danapur Steel Plant had

issued a letter on 30.12.2008 permitting the partition of the stall on the

following terms and conditions:

"i. Partition wall shall be constructed on the cost of both the allottees so that the stall gets converted into two equal size stalls (71.5 sq. ft. each).

ii. Electrical wiring for two separate stalls to be done by both the allottees at their own costs and two separate electrical meters to be installed for the two newly-built stalls.

iii. Civil construction like shutter fixing etc., to be done at allottees' own costs without damaging or alerting any original construction.

iv. Shape of size of stall to be kept in tidy condition and no addition or alteration would be permitted.

v. Drawing of the stalls of size (71.5 sq. ft) with all electrical wiring and meter to be submitted to get necessary approval from the concerned authority.

vi. All outstanding dues till date to be paid to get allotment of new stall."

On 29th January, 2022 the respondent no. 2 had inspected the Stall

No. DR-21, Akbar Road and on inspection it was found that :-

"i. It was being run by one Sri Uma Kanta Chaital, a non-contracting party, who happens to be the brother of the Petitioner himself.;

ii. One partition wall had been made with thoroughfare;

iii. Supply of electricity to the stall was continuing;

(j) On examining the billing records, it was found that :

i. Bills have been raised in the names of the joint allottees Sri Bhuban Chaital and Sri Jiban Ghosal upto 31.01.2022. ii. Dues as per bills raised for the period upto 31.01.2022 was found to be Rs. 1,13,355.40 P and last payment received was Rs. 30,000/- on 29.10.2018; No further payment was found to have been made till date thereafter, although several reminders have been sent for payment."

The respondent authorities to resolve the dispute between the parties

have issued direction vide their letter dt. 30.12.2008 by allowing the parties

to partition the stall in two equall share and to make electrical wiring for

providing electrical connnection. The respondents have also clarified in the

said letter what measures is to be taken for partitioned and electrical wiring.

The authorities have also inspected the premises and found that none

of the parties are in possession of the premises and one third party namely

Uma Kanta Chaital who is the brother of the petitioner is in possession of

the said stall and the said stall is having one partition wall made with

thoroughfare . It is also mentioned that after the month of October, 2018 no

electrical chrges have been paid inspite of several reminders.

It is found that this is the dispute between private parties and third