IN THE COURT OF LD.

EXECUTIVE MAGISTRATE, BARRACKPORE

Ref : M.P. /2007

Petitioner/1st Party - Vs - O.P./ 2nd Party

1. Goutam Singha Roy
Kalyan Singha Roy Son of Rathindra Nath Singha Roy,
Son of Rathindra Nath Singha Barakanthalia, P.O. – Sewli
Roy, Barakanthalia, P.O. – Sewli Telinipara, (Collage Pally), P.S. –
Telinipara, (Collage Pally), P.S. Titagarh, District – 24 Parganas
– Titagarh, District – 24 (North).
Parganas (North).
2. Sanjoy Banerjee
Son of not know,
Behind Milan Pathagar, Vill – Sewli,
P.O. – Sewli Telinipara, P.S. –
Titararh, District – 24 Parganas
(North).

Petition U/s 144 (2) Cr.P.C.

The humble petition on behalf of the

petitioner named above ;

Most respectfully sheweth :

1. That your petitioner is the owner and occupier of the property

situated within Mouja – Telenipara, P.S. – Titagarh within the District – North 24

Parganas as specifically mentioned in the schedule and the petitioner became such

owner by virtue of registered deeds of sale being No. 2408 for the year 1982, No.
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5562 for the year 1988 and No. 495 for the year 1998 and 5891 for the year 2002

registered with the A.D.S.R. Barrackpore and Sreerampore.

2. That the schedule property are in exclusive physical possession of

your petitioner and your petitioner being sole owner had been running brick field

on the said property. The production in the brick field has been stopped on and

from the year 2005 but huge stock of old manufactured bricks are lying inside the

said brick field.

3. That O.P. No. 1 is the full blood brother of the petitioner and the O.P.

No. 2 is the friend and advocate of O.P. No.1.

4. That the O.P. members have got no right, title, interest, claim

benefit, possession either on the stock of bricks or on the schedule property in any

manner and the relevant documents, papers relating to the stock of brick and the

schedule property stands in the name of petitioner.

5. That on 12.08.2007 at about 10 A.M. the petitioner had been

transporting the old bricks from the brick field and the O.P. members for their

wrongful gain appeared at the schedule property and made attempt to forcibly

occupy the schedule property and to cause disturb, annoyance towards the

petitioner in respect of peaceful enjoyment of the schedule property. The O.P.

members forcibly prevented the staffs and men of the petitioner from transporting

the bricks from the brick field in question. There is also a pond wherein the

petitioner has cultivated fish and the O.P. members threatened to catch fished

from the pond by applying force. The O.P. members also threatened your

petitioner with dire consequences and threatened to dispossess the petitioner and
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his staffs from the brick field thus the petitioner informed the matter with Titagarh

P.S. and the said incident has been recorded in the G.D.E. No. 986 dated

13.08.2007. The petitioner has been advised to file a petition before your

Honour’s Court u/s. 144 (2) Cr.P.C. and hence your petitioner is filing this petition

before Your Honour against the O.P. members.

6. That as the O.P. members are dangerous and desperative in nature

and have got no sympathy towards the petitioner and moreover, are in mood to

cause loss, damage, towards the petitioner and to disturb the petitioner in

peaceful enjoyment of the schedule property and over this issue, serious tension is

prevailing in the locality and the petitioner is reasonably apprehends that the O.P.

members would surely cause loss, damage, towards the schedule property, if an

administrative action is not taken against the O.P. members at this stage by your

Honour.

It is, therefore, prayed that your Honour would

graciously pleased to direct the I/C Titagarh P.S. to see

that the O.P. members may not cause any disturbance,

annoyance towards your petitioner in respect of peaceful

employment, occupation, possession over the landed

property and brick field in any manner and further may

not create disturbance in the process of cultivating the

fish in the pond lying in the schedule property in part

and the other properties mentioned in the schedule and

further be pleased to direct the O.P. members not to

commit any untoward incident in the locality and

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towards the petitioner and his schedule property in any

manner over the issue.

And for this act of kindness, your petitioner, as in duty bound shall ever pray.

SCHEDULE OF PROPERTY

District – North 24 Parganas, P.S. – Titagarh, Mouja – Telinipara, J.L. No. 10,

Touji No. – 439, R.S. NO. 73, Dag No. 3753, Khatian No. 887m area of

land .09+1/2 decimal, nature of land-danga, Dag No. 3520, Khatian No. 707, area

of land 26 decimal, Khatian No. 2, 33 Dag No. 3523, area of land, 30 decimal,

Dag No. 3524, area of land 15+1/2 decimal, Khatian No. 2220, Dag No. 3535,

area of land 19+1/2 de4cimal, dag No. 3528, Khatian No. 439 dec. area of land 6

satak, dag No. 3753, Khatian No. 887, .09 decimal, L.R. Khatian No. 1707, L.R.

Dag No. 3774/4224 51 decimal, L.R. Dag No. 3774/4222 land 58 decimal Dag No.

3780, Khatian No. 240B, area of land .44 dec. Dag No. 3775/4225, area of land

28 dec. Khatian No. 2446, Dag No. 3781 area of land .17 dec. and Dag No.

3776/4225 area of land 29 decimal.

Dated : Barrackpore,

13.08.07