IN EHE COURT OF LD.

EXECUTIVE MAGISTRATE (SADAR) AT JALPAIGURI

Ptn. /R No-………………../ 2019

In the matter of :

An application U/S- 144 of code of

Criminal Procedure

AND

In the matter of :

ABC Pvt.Ltd

Having its office at Jalpaiguri

P.O. Jalpaiguri , P.S. Katawali

Dist. Jalpaiguri

Being represented by its secretary

Mr.Raju Roy ,S/O . Late Biswajict Roy

Of Shantipara P.S. Jalpaiguri, Dist. Jalpaiguri

………..Petitioner

=VS=

1) Kaushik Dey
2) Sujit Dey
Both are sons Late Somir Dey
Resident of Denguajhar,
P.S. Jalpaiguri

3) Abhijit Barman

4) Rajesh Barman

Both are Sons of Late Kartick Barman

Resident of Denguajhar,

P.S. Katowali, Dist. Jalpaiguri

………….. Opposite Parties

Contd...p/2
 //2//

The petitioner above named Most Respectfully states:-

1. That the Petitioner is the owner and in possession of the piece of land measuring 30 Decimals,

R.S Plot 342 in Sheet No. 10 Mouza Katawali, P.S. Katawali., Dist, Jalpaiguri, Comprised in R.S

Khatian No. 73, which is the subject matter of the present proceding ,hereinafter referred the

Subject land ,the schedule of which is fully described in the schedule hereunder.

2. That the petitioner has acquired the subject land by virtue of deed of sale bearing No: 2121 dated

08-04-1997 executed registered by Sri Goutam Sarkar before Joint Sub- Registrar Jalpaiguri at

Rajganj.

3. That since purchase petitioner is in possession of the subject land. The Petitioner is paying land

revenue to the state in respect of the subject land.

4. That the opposite Parties are noted land grabber in the locality and they have not right ,title and

Interest of the subject land and they are now trying to take possession forcibly and to that effect

attempt was made in the month of April ,2019 but the said attempt was foiled due to resistance

raised by the Petitioner and that matter has been intimated to the O.C. Katawali.

5. That on 17-11-2019 the opposite parties made further attempt to enter into subject land but said

attempt was also foiled due to resistance raised by the petitioner and they well wishers but

the O.P. who within the very short period of time they will come again on the subject land and

shall certainly dispossess the Petitioner from the subject land.

6. That the Petitioner is thus compelled to institute the present Petition before the Ld. Court.

7. That over this issue, there is an apprehension of serious breach of peace.

8. That the Petitioner shall suffer irreparable lass and injury if the O.P. and their men, associates

Forcibly enter into the subject land.

9. That the matter is urgent and it is not possible to the Petitioner to issue notice immediately upon

The O.P. men.

In the above circumstances it is prayed that Your Honour would be kind enough

Promulgate on Order U/S – 144 Cr .P.C. and restraining the O.Ps and their men associates from

Entering into plot of land mentioned in the scheduled hereunder and also be pleased to pass an
order directing the O.Ps. not to create any disturbance of the peaceful possession of the petitioner.

A N D

Contd….p/3
 //3//

Pending hearing considering the urgency & gravity be pleased to pass an ex-parte

Order Under Section 144(2) 0f Criminal Procedure code.

SCHEDULE

Dist. Jalpaiguri, P.S. Katawali , Sheet No. 1, Mouza – Katawali, Khatian No. 73, Plot No. 342, area 30
Decimals, Being bounded:

North : Land of Govt. of West Bengal

South : Land of Paritosh Das

East : Siliguri-Jalpaiguri Pucca road

West : Siliguri-Jalpaiguri Pucca road