Motichandra Shaw @ Motichand ... vs The State Of West Bengal & Ors
2022 Latest Caselaw 2890 Cal

S/L 9
17.05.2022
Court. No. 19
GB
                              WPA 18180 of 2019

                  Motichandra Shaw @ Motichand Gupta & Ors.
                                      VS
                        The State of West Bengal & Ors.


                Mr. Tapas Kumar Dey,
                Mr. Sirsendu Sinha Roy,
                Mr. Supreem Naskar.
                                                  ... for the Petitioner.

                Mr. Chandi Charan De,
                Ms. Reshmi Rahaman,
                Mr. Anirban Sarkar.
                                                       ... for the State.


                      Affidavit-of-service filed in Court today, be kept with

                the record.

                      The specific allegation of the petitioners is that the

                authorities of the Ashutosh Gram Panchayat are forcefully

                trying to enter into the premises of the petitioners, situated

                at plot nos.1264 and 1268, measuring about 3 decimals in

                Mouza-Gopinagar within Police Station-Haripal, District -

                Hooghly.

                      According to the petitioners, Title Suit No.50 of 2008,

                which was renumbered as Title Suit No.845 of 2014 was

                decreed in favour of Motichand Gupta (Shaw), Birmananda

                Gupta (Shaw), Debananda Gupta (Shaw) and Krishna Gupta

                (Shaw). The right, title and interest of the said decree-

                holders in respect of plot no.1268 in its entirety and 3

                decimals in plot no.1264 had been declared. The defendants

                in the suit were restrained by an order of permanent

                injunction, from disturbing the peaceful possession of the

                petitioners and father of the petitioners and other heirs in
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respect of 3 decimals of land in plot no.1264 and 15 decimals

of land in plot no.1268. Such decree was passed on December

23, 2015.

       According    to    the   petitioners,   the    panchayat

authorities, despite such a decree of the civil court, have

constantly tried to disturb the peaceful possession of the

petitioners. The learned advocate for the petitioners further

submits that subsequently the property, which was the

subject matter of the civil suit was gifted to the petitioners

and as such, the writ petition has been filed by the said

petitioners.

       None appears either on behalf of the panchayat

authorities and respondent nos.10 to 13, despite service. The

writ petition is taken up in their absence.

Unless the judgment and decree passed by the civil

court has either been modified or set aside or varied by a

superior authority, the said judgment and decree becomes

binding on the parties. The Pradhan of the concerned gram

panchayat was one of the defendants, who had suffered the

decree.

Under such circumstances, this Court is of the opinion

that the right, title and interest with regard to the property in

question, cannot be denied by any subsequent action of the

panchayat authorities. However, as the factual disputes

cannot be adjudicated in this proceeding, this writ petition is

disposed of with a direction upon the petitioners to approach

the Block Development Officer, Haripal Development Block

by filing a composite representation annexing all relevant

documents in respect of the right, title, interest and claim of

the petitioners. Such representation shall be filed within two

weeks from date. On receipt of the said representation, the

concerned Block Development Officer shall dispose of the

same in accordance with law, upon hearing the petitioners,

the panchayat authorities as also the respondent nos.10 to 13.

This order shall not be construed as an opinion of the

Court on the exclusive right of the petitioners in respect of

the property. It appears that all the plaintiffs are not

petitioners before this Court, only two of the sons of

Motichand Gupta (Shaw) have moved the writ petition,

whereas the suit was decreed in favour of other children of

Motichand Gupta (Shaw).

In any event, the issue for decision here is restricted to

the allegation against the panchayat authorities, who have

allegedly been trying to grab the property in violation of the

order of the civil court. The dispute between the heirs of

Motichand Gupta (Shaw) with regard to the title, if any, shall

not be decided by the Block Development Officer. The Block

Development Officer will only restrict his enquiry with

regard to the allegation against the panchayat authorities.

The entire exercise shall be completed within a period

of two months from date of communication of this order.

Accordingly, the writ petition is disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the

learned advocate's communication.

(Shampa Sarkar, J.)