Chandernagore Navabidhan Brahmo Samaj Newly Chandernagore Brahmo Samaj And ORS v. State Of West Bengal And ORS.

Court No. 24 W.P.A 10883 of 2020 08.03.2021 (Item No. 19) Chandernagore Navabidhan Brahmo Samaj newly Chandernagore Brahmo Samaj & Ors.

vs The State of West Bengal & Ors.

(AB) Mr. Bhudeb Chatterjee Mr. Basudeb Ghosh Mr. Sanjib Kumar Ghosh ...... for the petitioners Mr. Ayan Banerjee Mr. Suman Banerjee ...... for the State Mr. Suman Basu ..... for respondent Nos. 2 & 3 Mr. Sandip Bhattacharyya ... for respondent Nos. 4 & 5 Affidavit of service filed in Court is taken on record.

The property in question is holding No. 457A (old holding No. 445), R.S. Khatian No. 280, R.S. Plot No. 452, corresponding to L.R. Khatian No. 745/2, L.R. Plot No. 769 and French Plot Nos. 3288 and 3289 under the Chandernagore Municipal Corporation. The petitioner alleges that a plan has been sanctioned in the said property by practicing fraud upon the Municipality.

It appears from the submissions made on behalf of the parties that a Title Suit being T.S. No. 431 of 2015 is pending consideration before the First Court of Civil Judge (Junior Division) at Chandernagore and a Title Appeal being Title Appeal

No. 09 of 2018 is pending consideration before the learned Additional District Judge at Chandernagore. Since the title of the property in question is under a cloud, the parties are relegated to the Civil Court for necessary relief.

W.P.A. 10883 of 2020 stands dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)