7 Amir Mohammed vs The Chief Executive Officer
2022 Latest Caselaw 7755 Cal

23 22.11. C.O. 2117 of 2022 AGM 2022 / RKB Ct 07 Amir Mohammed Vs The Chief Executive Officer, Board of Auquaf

Md. Sofiulla Mondal, Mr. Tanzila Mallick, ... For the petitioner.

Mr. Sk. Md. Galib, Ms. Tanwishree Mukherjee, ... For the opposite party.

The impugned judgment passed in Eviction Case

No. 08 of 2021 by Waqf Tribunal, West Bengal holding

Amir Mohammed and his family members/petitioner to

be encroachers in respect of the property, mentioned in

impugned order, with a further direction upon the

petitioner to vacate the scheduled premises measuring

about 2000 sq. ft in respect of premises No. 42, A.P.C.

Road, Kolkata, is under challenge in this case.

Md. Sofiulla Mondal, learned advocate appearing

for the petitioner, while assailing the impugned order,

submits that the petitioner, who is a tenant, has been

improperly adjudged to be a encroachers without

adhering to the facts and circumstances disclosed in

several documents submitted by the petitioner.

Mr. Sk. Md. Galib, learned advocate appearing for

the caveator/opposite party/Board adverting to paras

6,8 and 9 of the order dated 29 th September, 2020

passed in Encroachment Case No. 06 of 2020 submits

that Board has already gone into the points, and the

claim of the tenancy is not acceptable in view of the

materials disclosed in the documents submitted by the

petitioner.

The matter needs further consideration.

The opposition in the form of affidavit, if any, may

be filed within three weeks from hence; reply if there be

any, within one week thereafter.

The eviction, if effected, by reason of the

impugned judgment will, however, be abide by the final

decision of this case.

The matter be listed in the second week of

January, 2023.

(Subhasis Dasgupta, J)