Sanjeet Kumar Mondal v. The Deputy Commissioner And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/684/2022 Shri Sanjeet Kumar Mondal ... Petitioner Vs.
The Deputy Commissioner and Ors.
... Respondents Mr. Arul Prasanth ...for the Petitioner Mr. Arun. S. Kumar ... for the Administration Mr. Lokesh Chezian N ...for the Pvt. Respondent June 27, 2023 [M.A.Mobin] Item No.1 This Writ application under Article 226 of the Constitution of India has been filed by the petitioner seeking direction upon the respondent authorities to enquire and investigate the complaint dated 25th July, 2022 and 26th September, 2022 made by the petitioner before it. The petitioner and respondent no.3 are the co-sharers of the property bearing Survey No.41/5/33/22 situated at Shadipur. It is alleged that by suppressing the actual Survey number and mentioning Survey No. as 99/12 situated at Mazar Pahad respondent No.3 procured the licence from the licensing authority for carrying on chicken centre under the name and style of M/s Anshu Chicken Center. However, in actuality the chicken centre is being carried on by respondent No.3 in the property within Survey No.41/5/33/22. The petitioner approached the licensing authority for closing of the chicken centre. Since
the authorities failed to take any appropriate steps the petitioner has filed the present Writ application for proper relief.
Mr. Arul Prasanth, learned Counsel for the petitioner submits that by suppressing the actual survey number the respondent no.3 has obtained the license for carrying on chicken centre. By dint of such licence which has been granted to carry on chicken centre in Survey No.99/12 at Mazar Pahad the respondent no.3 is carrying on such business of chicken centre within the joint property and due to such business the petitioner is facing inconvenience for the reason of foul smell coming from the chicken waste. In light of his aforesaid submissions he seeks for specific direction upon the respondent authorities for consideration of representation of the petitioner.
Affidavit-in-opposition filed on behalf of the respondent no.3 is taken on record.
Mr.
Lokesh Chezian N, learned Counsel for respondent no.3 submits that the petitioner has filed a Civil Suit for partition in respect of the property comprised within Survey No.41/5/33/22 at Shadipur village and in the said suit at the instance of the petitioner an order of status quo has been passed by the Trial Court in Title Suit No.56 of 2022 and as such the order prayed for by the petitioner in the Writ application will intervene the order of status quo passed by the Civil Court.
Mr. Prasanth, learned Counsel for the petitioner in reply submits that the representation made by the petitioner is squarely different from the prayer made before the Civil Court and it has no bearing with the status quo order passed in the Civil Suit.
Mr. Arun S. Kumar, learned Counsel for respondent nos.1 and 2 submits that since there is a status quo order passed by the Civil Court any order passed in the Writ application in the form as prayed for will certainly intervene the order of status quo passed by the Civil Court. Admittedly, the petitioner filed a suit before the learned Civil Judge(Senior Division) at Port Blair being Title Suit No.56 of 2022 praying for partition and declaration of right, title and recovery of possession along with permanent injunction. The subject matter of the Civil Suit is situated within Survey No.41/5/33/22 within Shadipur village. In the said Suit an ad interim order of injunction in the form of status quo has been passed which is subsisting till date.
It is also not in dispute that the chicken centre under the name and style of M/s Anshu Chicken Center carried on by respondent no.3 is within premises No.41/5/33/22 which is a subject matter of the Civil Suit. Such being the position the representation made by the petitioner before the respondent authorities for closing the chicken centre is antithetical to the status quo order of the Civil Court passed at the instance of the petitioner in respect of land in question.
direction for consideration of his representation by the respondent authorities will certainly intervene with the status quo order passed by the Civil Court and therefore is not sustainable.
In view of the above, the Writ Petition stands dismissed.
All connected applications stand disposed of. Interim order, if any, stands vacated.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after compliance of all required formalities.
(Bivas Pattanayak, J.)