Abdul Hannan Molla @ Hannan Molla vs The State Of W.B. & Ors
2023 Latest Caselaw 5583 Cal

  31
25.08.2023
 Ct. No.10
    b.das


                              WPA 9134 of 2023

                         Abdul Hannan Molla @ Hannan Molla
                                     Vs.
                         The State of W.B. & Ors.


                   Mr. Shyama Prasad Purkait
                   Ms. Moumita Mondal              ...for the petitioner.

                   Mr. Chandi Charan De
                   Mr. Anirban Sarkar              ...for the State.

                   Mr. Sounak Bhattacharya
                   Mr. S. Mondal   ...for respondent nos.9 to 14.

Affidavit of service filed by the petitioner is taken on

record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the

predecessor-in-interest of the private respondents

transferred the plot in question in favour of the petitioner

by virtue of registered deed dated 19 th July, 1983 despite

which the private respondents refused to make over

possession of the plot in favour of the petitioner for which

the petitioner filed a title suit being T.S. No.25 of 2013

before the civil court which was decreed in his favour. The

private respondents preferred an appeal against the said

judgment and decree being T.A. No.51 of 2017 which is

pending.

Learned counsel for the petitioner submits that

during pendency of the appeal the private respondents

have raised illegal construction by encroaching upon a

portion of PWD road adjoining the petitioner's property,

thereby obstructing his egress and ingress.

The petitioner submitted several representations

before the concerned authority in this regard (annexure P3

and P4 to the writ petition), which are yet to be considered.

The petitioner prays for direction upon the concerned

authority to consider the representations at the earliest.

It is submitted on behalf of the private respondents

that the property which is subject matter of the title

suit/title appeal is identical to that of the writ petition and

the appeal is still pending.

It is not in dispute that the title suit was filed by the

petitioner in respect of the property which was purchased

by him from the predecessor-in-interest of the private

respondents. The writ petition pertains to alleged

unauthorised construction upon the PWD road adjoining

the said property. So the subject matter of the writ petition

is distinguishable from that of the title suit/title appeal.

It is submitted on behalf of the State respondents

that the 4th respondent be directed to consider the

representations submitted by the petitioner, in accordance

with law.

In view of the above, the writ petition is disposed of

directing the 4th respondent to consider and dispose of the

representations submitted by the petitioner (annexure P3

and P4 to the writ petition) within a period of three months

from the date of communication of this order upon granting

reasonable opportunity of hearing to all the interested

persons including the petitioner and the private

respondents, in accordance with law.

With the above observations and directions the writ

petition being WPA 9134 of 2023 is disposed of.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)