PROSENJIT MUKHERJEE Advocate CHAMBER RESIDE 1` ai p rogaets 46,45$4.

70 Pages·2016·2.79 MB·English

PROSENJIT MUKHERJEE
CHAMBER RESIDE 1`
Advocate
Flat no.-8, 2'd Floor,
HIGH COURT, CALCUTTA
35 ,Atta Para Lane, Kolkata- 700050
-Bar Association, Room No.-5
(M)-9830479228, 9143076137
Rampurhat Court (Saturday only)
Rudranagar (cid:9) (Sunday)
Date - I 1-02-2016
To
1.(cid:9) Learned Pticic13teel3utor, r
High Court, Calcutta.
2.
The Superintendent of Police, 24 Parganas (South),Office at Alipore, Post Office
Alipore, Kolkata- 700027
3.
The Sub Divisional Police Officer, Baruipur Sub Division, Office at Baruipur, 24
Parganas (South) Pin Code- 700144
4.
The Officer in Charge, Sonarpur Police Station, District
(cid:9) 24(cid:9) Parganas
(South),Office at Sonarpur,(cid:9) Pin 700146.
5.
Sri Prasanta Bhattacharya, son of Late Nilmoni Bhattacharya, residing at
Kodalia, P.O. Kadalia Shakher Bazar, Shyama Charan Chakraborty Road, P.S.
Sonarpur, District 24 Parganas (South), Pin code- 700146.
Re: W.P. No. 2502 (W) of 2016
Tapashi Bhattacharya & Anr.
-Vs-
The State of West Bengal & Ors.
Sir/Madam,
Enclosed please find herewith the photo copy of the writ petition along with all
annexure which will be moved before His Lordship the Hon'ble Justice Dipankar Datta
on 17-02-2016 and/or when the business of the Hon'ble Court permit.
Please appear at the time of hearing with necessary instructions.
Yours faithfully,
p rogaetsa i4 6,45$4.
Enclo: As stated above. Advocate
19
District : 24 Parganas (South)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.No.12_,S-02„ AV) of 2016
In the Matter of:
An application under Article
226 of the Constitution of
India.
And
In the matter of :
Subject matter relating to :
Resudiary under Group- IX,
Head - Thof the Classification
List.
Cause title
Tapashi Bhattacharya & Anr.
.. ...Petitioners.
-Versus-
The State of West Bengal &
Ors.
...Respondents.
ADVOCATE-ON-RECORD
Prosenjit Mukherjee
ADVOCATE
BAR ASSOCIATION ROOM NO.5
HIGH COURT, CALCUTTA.
District : 24 Parganas (South)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.No.(cid:9) (W) of 2015;
In the Matter of:
An application under Article
226 of the constitutional of
India;
-And-
In the Matter of 10,/9-elYtki Fite 11
"
Sfli-Das--&-Anr
..Petitioners.
-Versus-
The State of West Bengal &
Ors.
...Respondents.
INDEX
Sl.No. PARTICULARS OF DOCUMENTS ANNEXURE PAGES
1. Application 1 to
2. copy of the registered deed of gift "P-1"
3. of (cid:9) the(cid:9) documents(cid:9) regarding "P-2"
sanctioned of loan
4. copy of the Gift Deed executed on “P-3"
26-08-2011
(cid:9)(cid:9)(cid:9)(cid:9)(cid:9)(cid:9)(cid:9)
LIST OF DATES
1. 10.07.1985(cid:9) The Mother in law of the petitioner No.1
executed a deed of gift in favour of the
deceased husband of the petitioner
2. 14.02.1986(cid:9) : The husband of petitioner No.1 submitted
application for house building loan and
subsequently sanctioned.
3. 04.12.1995(cid:9) : The husband of the petitioner No.1
expired.
4. 25.02.2009(cid:9) : The names of the petitioners appeared in
the LR ROR.
5. 2011(cid:9) : The private respondent started to threat
the petitioners for eviction.
6. 26.08.2011(cid:9) : Subsequent deed of gift executed by the
mother in law in the petitioner No.1 in
favour of the Private respondent.
7. 15.01.2016(cid:9) : Representation submitted for necessary
police help.
POINTS OF LAW INVOLVED
Whether the authority acted illegally by not providing the police
guard or police help to the petitioners as per the application
dated 15.01.2016 and also as per the police regulation being
regulation no.666 (C) of Bengali Police Regulation, 1943?
DISTRICT : SOUTH 24 PARGANAS
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W. P. No.(cid:9) (W) of 2016;
In the matter of :
An application under Article
226 of the Constitution of
India;
And
In the matter of :
(cid:9) A writ in the nature of
•
mandamus, and/or Certiorari,
and/or any other appropriate
writ or writs, order or orders,
direction or directions.
And
In the matter of :
The inaction and/or failure on
the part of the respondents
2
particularly the respondent no.
2 to 4 from providing police
guard or necessary police help
in favour of the petitioners
ensuring(cid:9) the(cid:9) peaceful
enjoyment the residential
premises in question from the
illegal threatening of the private
respondent (cid:9) and(cid:9) willful
obstruction from entering into
the premises in question.
And
In the matter of :
The impugned inaction of the
respondent No. 2 from
discharging statutory duties by
not providing any police guards
in accordance with law.
And
In the matter of:
3
The Article No. 14, 16, 17, 19
and 21 of the Indian
Constitution and regulation
666 (C) of Police Regulation
Bengal 1943.
And
In the matter of:
1. Tapashi Bhattacharya,
Wife(cid:9) of (cid:9) Late(cid:9) Atanu
Bhattacharya, residing at 172,
S. B. Das Road, Rajpur,
Kolkata - 700149
2. Mousumi Bhattacharya,
Daughter of Late Atanu
Bhattacharya, residing at 172,
S. B. Das Road, Rajpur,
Kolkata - 700149
(cid:9) Petitioners.
- Versus -
4
1. The State of West Bengal,
service through the Secretary,
Department(cid:9) of (cid:9) Home,
"Nabanna"(cid:9) 235,(cid:9) Sarat
Chatterjee Street, P.S.
Shibpur, Howrah - 701111.
2. The Superintendent of
Police, 24 Parganas (South),Office
at Alipore, Post Office Alipore,
Kolkata- 700027
3. The Sub Divisional Police
Officer, Baruipur Sub Division,
Office at Baruipur, 24 Parganas
(South) Pin Code- 700144
4. The Officer in Charge,
Sonarpur Police Station, District
24 Parganas (South) ,Office at
Sonarpur, Pin 700146.
5. Sri Prasanta Bhattacharya,
son of Late Nilmoni Bhattacharya,
5
residing at Kodalia, P.O. Kodalia
Shakher Bazar, Shyama Charan
Chakraborty Road, P.S. Sonarpur,
District 24 Parganas (South), Pin
code- 700146.
(cid:9) Respondents.
To
The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her
Companion Justices of the said Hon'ble Court.
The humble petition of the
petitioners/ applicants(cid:9) above
named most respectfully -
MOST RESPECTFULLY S H E W E T H
1. That your petitioners are the Citizens of India and have
been permanently residing at address mentioned in the Cause
Title hereinabove.
2. That your petitioners state that the husband of the
petitioner no.1 and the father of the petitioner no.2 was an
employee under Central Government. The mother in law of the