Mohan Majumdar v. State Of West Bengal And ORS.

M/L 147 03.12.2024 Court. No. 35 Suvayan/ Sourav WPA 25491 of 2024 Mohan Majumdar Vs.

The State of West Bengal & Ors.

Ms. Sonali Bhar ...for the petitioner.

Mr. Suman Ghosh Mr. Siddhartha Ghosh ...for the State.

Affidavit-of-service filed by the learned Advocate petitioners be kept on record.

Petitioner is aggrieved that the private respondents executed a sale deed and in the schedule of the deed the executants testified that they were the legal heirs of late Sri Mohan Majumdar.

Petitioner submits that Mohan Majumdar is still alive, he has been shown to be dead and thereafter the property was transferred. In view of the complaint so received Tehatta P.S. Case No. 643/24 dated 04.09.2024 was registered for investigation under the relevant provisions of BNS, 2023.

Learned Advocate for the State submits that steps shall be taken from the office of ADSR Palashipara, notices have been issued and the investigation is under progress.

Having considered the submissions of the petitioner which is in respect of the sale deed being executed on wrong assertions thereby making the

subsequent transfer of property bad in law and by using the said forged and he is trying to grab the property of the present petitioner, I direct that if the petitioner is still in possession of the property police authorities would ensure that he is not dispossed without due process of law. The police authorities would also ensure that there is no breach of peace and/or tranquility in the locality over the issue concerned at the behest of the petitioner and the private respondents. No untoward incident should also crop up because of the inimical relationship between the parties.

With the aforementioned observations, the instant writ petition being WPA 25491 of 2024 is hereby disposed of.

Report so submitted be kept with the record.

Parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)