IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

(S.C.R UNDER ORDER XXI RULE 3 (1) (a)
SPECIAL LEAVE PETITION (C) NO. OF 2023
(Against the final impugned judgement & order dated 19.12.2022 passed in
MAT 1911 of 2022 and final order dated 10.02.2023 passed in WPCRC 175 of
2022 in WPA 8328 of 2021 both orders passed by the Hon'ble High Court at
Calcutta)

IN THE MATTER OF:-

Nilkanta Sen ……… Petitioner

Versus
The State of West Bengal & Ors. ……..Respondents

WITH

I.A. NO._______OF 2023

Application for exemption

PAPER BOOK

( FOR INDEX : PLEASE SEE INSIDE )

ADVOCATE FOR THE PETITIONER: SUBHASISH BHOWMICK

 DIARY NO. of 2023

DECLARATION

All defects have been duly cured. Whatever has been added/ deleted/ modified

in the petition is the result of curing of the defects and nothing else. Except

curing the defects, nothing has been done. Paperbooks are complete in all

aspects.

Signature……..……………
(SUBHASISH BHOWMICK)
Advocate-on-Record/
Petitioner(s) in-person
Date:
 RECORD OF PROCEEDINGS

S.No. Date of Record of Proceedings Pages

 INDEX

Page no. of part to

SI. NO. Particulars of Remarks
which its belongs
Documents

Part 1 Part 2
(Contents (Contents
of paper of file

book) alone)

(i) (iii) (iv) (v)

(ii)

1. Listing Proforma A1-A2

Cover Page of Paper
2. A-3
Book

Index of Record of
3. A-4
Proceedings

Limitation Report
4. A-5
Prepared by Registry

5. Defect List A-6

6. Note Sheet NS1 to..

Synopsis and List of

7. B–
Dates

IMPUGNED ORDER
8.
Against the impugned
final order dated
19.12.2022 passed in
MAT 1911 of 2022
passed by the Hon'ble
High Court at Calcutta.
 IMPUGNED ORDER:
9.
Against the impugned
final order dated
10.02.2023 passed in
WPCRC 175 of 2022 in
WPA 8328 of 2021
passed by the Hon'ble
High Court at Calcutta.
SLP with Affidavit
10.

ANNEXURE P-1
11.
.

ANNEXURE P-2
12.
1

ANNEXURE P-3
13.

ANNEXURE P-4
14.

ANNEXURE P-5
15.

ANNEXURE P-6
16.

ANNEXURE P-7
17.

ANNEXURE P-8
18.

ANNEXURE P-9
19.
 FILING MEMO
20.

VAKALATNAMA
21.
V
 A-1
PERFORMA FOR FIRST LISTING
SECTION -XVI
The case pertains to (Please tick/check the correct box):
Central Act (Title) : Constitution of India
Section : N/A
o Central Rule (Title) : N/A
o Rule No.(s) : N/A
o State Act: (Title) : N/A
o Section : N/A
o State Rule (Title) : N/A
o Rule No.(s) : N/A
o Impugned Interim Order (Date) : N/A
o Impugned Final Order/Decree : 02.09.2022
o High Court : High Court of Madhya Pradesh

Name of Judges : Hon’ble Mr. Chief

Justice Ravi Malimath
Tribunal Authority :N/A
1. Nature of Matter : Civil
2. (a) Petitioner/appellant : Daya Swaroop
(b) e-mail ID : N/A
(c) Mobile Phone Number : N/A
3. (a) Respondent : Delhi Transport
Infrastructure.
(b) e-mail ID : N/A
(c) Mobile Phone Number : N/A
4. (a) Main category classification : 18
(b) Sub Classification : 1807
5. Not to be listed before : N/A
6 (a)Similar disposed of matter with Citation,
if any, and case details : No Similar disposed
of
matter.
(b)Similar/Pending Matter : No Similar Matter
Pending
7. Criminal Matters : N/A
(a) Whether accused/convict has surrendered : N/A
(b) FIR No. N/A Date: N/A
(c) Police Station : N/A
(d) Sentence Awarded : N/A
 A-2

(e) Sentence undergone : N/A

8. Land Acquisition Matters :
(a) Date of Section 4 notification : N/A
(b) Date of Section 6 notification : N/A
(c) Date of Section17 notification : N/A
9. Tax Matters: State the tax effect : N/A
10. Special Category: (First petitioner/Appellant only) : N/A
11. Vehicle Number
(in case of Motor Accident Claims matters) : N/A

Dated: .03.2023 (SUBASHISH BHOWMICK)

AOR for petitioner(s)/appellant(s)
Advocate, Registration No. 1779
E-mail:sbhowmickadvocate@gmail.com
 SYNOPSIS & LIST OF DATES

The petitioner is filing the present Special Leave Petition against the final
impugned judgement & order dated 19.12.2022 passed in MAT 1911 of 2022
and final order dated 10.02.2023 passed in WPCRC 175 of 2022 in WPA 8328
of 2021 both orders passed by the Hon'ble High Court at Calcutta.

LIST OF DATES

06.12.1978 That one Shankar Pal purchased the property in question

from one Jitendra Nath Ghosh sometime on 6.12.1978 vide
sale deed being no. 5705 of the year 1978.

09.10.2013 That by virtue of a registered deed of conveyance dated

9.10.2013 the petitioner purchased 27 satak of land in plot
No. 711 out of one acre 30 satak and in plot no. 711/1319
two satak of land out of 4 satak in Mouza-Sanda, J.L. No. 81,
Khatian No. 190 from one Shankar Pal. Thae said deed is
registered as SALE DEED NO. 2841 of 2013. Not only that
the Petitioner duly applied for correction of records of rights
for which notice was issued as far back as in the year 2016
and only thereafter the same was duly mutated in the name
of the Petitioner herein. The copy of the notice dated
23.11.2016 passed in Case No.1753/2016 by the
Government of West Bengal, Department of Land & Land
Reforms is annexed herewith as Annexure-P/1 at page to
to..

Nil Date The said plots of land have duly been recorded in the name
of the petitioner in the record of rights vide KHATIAN NO.
471.
That the copy of the said record of rights is annexed
herewith as Annexure P/2 at pages to .
Nil Date The petitioner submitted a plan for construction of his house
before the Gohagram Gram Panchayat with No Objection
from the neighbourhood and paid necessary sanction fee of
Rs.500 /- to the Gram Panchayat as provided under rule 17
of the West Bengal Panchayat (OP ADMN) Rules, 2004.

Nil Date Even after expiry of the statutory period of 30 days, the
application of the petitioner for sanction was neither granted
nor refused as prevailed under rule 27. Upon enquiry the
petitioner was verbally permitted to go on with the
construction under rule 30 of the said Rule of 2004.The
Ghuagram Panchayat being the custodian of records can
produce those documents.

Nil Date The said Gram Panchayat upon construction of the house
duly accepted the house property tax. The Gram Panchayat
also granted necessary No Objection Certificate and trade
license in respect of the said house constructed by the
petitioner.
That the Copy of the receipt said of property tax and trade
license are annexed herewith as Annexure P/2 at page
to and Annexure P/3 at pages to respectively.

Having had no alternative, the petitioner was compelled to

initiate a Partition Suit in respect of plot Nos. 711 and
711/1319 against the defendants therein and the Learned
Court below has been pleased to pass an order of injunction,
which has been extended from time to time. Copy of the
information slip is annexed hereto and marked as Annexure
P/4 at page to .

22.02.2021 That the private respondent herein filed a Writ Petition being
W.P.A No. 8328 Of 2021, interalia, alleging that the
petitioner has raised construction on his plot of land. The
said writ petition was followed by CAN No. 1 of 2022 filed by
the writ petitioner on 24.01.2022 for the amendment/addition
of the parties in the said writ petition. The said writ petition
was followed by CAN No. 2 of 2022 filed by the writ
petitioner on 01.02.2022 for the amendment of the pleadings
in the said writ petition. That the writ petition being W.P.A.
 No. 8328 of 2021 served with the letter dated 25.03.2021 to
the petitioner herein by the writ petitioner was an incomplete
copy having incomplete writ petition along with annexure and
subsequently copies of CAN No. 1 of 2022 and CAN No. 2 of
2022 were served. The covering letter along with Writ
Petition was misleading with regard to next date of hearing
with the objective to obtain order in writ Petition behind the
back of the Petitioner.
That the copy of the incomplete writ petition along with
annexure and subsequently copies of CAN No. 1 of 2022
and CAN No. 2 of 2022Copy of the said of the incomplete
writ petition being no. WPA no. 8328 of 2021 and covering
letter dated 25.3.3021 are annexed herewith as Annexure
P/5 and Annexure P/6 respectively at pages to .

13.09.2022 That the petitioner on 13.09.2022 filed a Partition Suit under

order 26 rule 9 r/w sec-151 of CPC being T.S. Case No. 363
of 2022 in the court of Ld. Civil Judge (Sr. DIVN) Court,
Burdwan in respect of plot Nos. 711 and 711/1319 against
the defendants therein and the Learned Court below has
been pleased to pass an order of injunction, which has been
extended from time to time. That the said partition suit is
pending.

28.03.2022 Concerned Gazette. The Notification dated 28.03.2022 was

issued by

06.07.2022 That the petitioner for the first time came to know from the
notice dated 06.07.2022 issued by the Pradhan of
Gohagram Gram Panchayat about some direction passed by
the Hon'ble Court and your petitioner was directed to be
present on 12.07.2022 along with all papers.
That the copy of the said notice dated 06.07.2022 is
annexed herewith as Annexure P/ 7at pages to .
18.02.2022 That on 18.02.2022, W.P.A. No. 8328 of 2021 was disposed
of and order of demolition of house of the petitioner herein
was passed on 18.02.2022 by the Hon’ble High Court.
The copy of the said order dated 18.02.2022 is annexed
herewith as Annexure P/ at pages to .
29.07.2022 WPCRC 111 of 2022 in W.P.A. No. 8328 of 2021, Contempt
filed by Krishna Kanta Mondal and order has been passed
therein. The copy of the Order dated 29.07.2022 passed in
WPCRC 111 of 2022 in W.P.A. No. 8328 of 2021 by the
High Court of Judicature of Calcutta is annexed herewith as
Annexure P/

01.08.2022 That petitioner herein served with a further notice dated

01.08.2022 whereby and whereunder your petitioner was
asked to be present before the said Gram Panchayat on
04.08.2022 with all papers as also it was intimated that a
spot enquiry would be held.

10.08.2022 The contempt application filed by the private respondent

Krishnakanta Mondal being W.P.O.R.C. NO.111 of 2022 in
W.P.A NO. 8328 of 2021 was disposed of .The copy of order
dated 10.8.2022 passed in W.P.O.R.C. NO.111 of 2022 in
W.P.A NO. 8328 of 2021 by the High Court Calcutta is
annexed herewith as Annexure P/ at pages .

01.09.2022 That the petitioner was once again served a notice dated
01.09.2022 the respondent no. (Pradhan) whereby and
whereunder petitioner was intimated that plot No. 711, J. L.
No. 81 is a Sali land by classification and allegedly the
petitioner has occupied 0.02 acre of land of the private
respondent no.10 herein being the writ petitioner of W.P.A.
No. 8328 of 2021. That without considering and making any
enquiry with regard to the facts stated and informed by the
petitioner, the respondent no. 6 passed the Order of self
demolition. A copy of the said notice dated 01.09.2022 is
annexed herewith as Annexure P/ at pages to .

12.09.2022 That vide the reply dated 12.09.2022, the petitioner herein
replied to the aforesaid notice dated 01.09.2022 of the
respondent no. 6 stating that petitioner herein have
purchased 27 decimals of land of plot no. 711 of Mouza-
Sonda, J.L.No. 41 falling under the gram panchayat vide
registered deed of sale bearing no. 2841 for the year 2013
from one Shankar Pal, lawfully and started owning and
 possessing the same by mutating his name in the L.R.R.O.R
under Khatian No. 471, being finally framed and published
under the provisions of the W.B.L.R.Act, 1955. That the
petitioner herein has never contructed any kind of connection
with the plot no.713.
That the copy of the said reply dated 12.09.2022 is annexed
herewith as Annexure P/ at pages to .

12.10.2022 Prodhan, Gohagram Gram Panchayat ask the petitioner and

other contested land owners to be present at the spot for
demarcation of the land.
Nil The petitioner herein inform the O,C Galsi Police Station that
there is descripency with regard to measurement of land and
accordingly pray for joint measurement by both the parties
by obtaining order from the Hon’ble High Court. Petitioner
also enclosed the Map prepared by Amin. Copy of the notice
dated of Prodhan Gohagram Gram Panchayat is
annexed herewith as Annexure P/ at pages to .

The copy of the complain submitted before O.C. Galsi PS

along with Map is annexed herewith as Annexure P/ at
pages to

31.10.2022 The petitioner herein through his lawyer asked for certain
relevant information Gohagram Gram Pancayat under
section 6 of Right to Information Act 2005 .

28.11.2022 That on 28.11.2022 CAN No. 3 of 2022 in W.P.A. No. 8328

of 2021, filed by Petitioner for modification and/or recalling of
order dated 18.02.2022 passed in WPA / 8328 of 2021
That the copy of the said CAN No. 3 of 2022 in W.P.A. No.
8328 of 2021 is annexed herewith as Annexure P/ at
pages to .

29.11.2022 That vide order dated 29.11.2022 the Hon’ble High Court
dismissed the said CAN 3 of 2022.
The said order dated 29.11.2022 is annexed herewith as
Annexure P/ at pages to .
29.11.2022 That the Hon’ble High Court in the 2 nd contempt petition
being WPCRC 175 of 2022 filed by the private Respondet
in WPA 8328 of 2021 with CAN 3 of 2022 vide its order
dated 29.11.2022 granted stay on the order of demolition
subject to the condition that the private respondent no. 10
and Respondent No.19 therein shall deposit Rs.50,000/-
each to the Ld. Registrar General of the said High Court. The
A copy of the order dated 29.11.2022 passed in WPCRC
178 OF 2022 In WPA 8328 of 2021 with CAN 3 of 2022 by
the Calcutta High Court. is annexed herewith as Annexure
P/ at pages to .
30.11.2022 A copy of the complain dated 30.11.2022 passed in WPORC
178 OF 2022 In WPA 8328 of 2021 with CAN 3 of 2022 by
the Calcutta High Court. is annexed herewith as Annexure
P/ at pages to .

29.11.2022 That the petitioner herein being the private respondent in the
aforesaid petition made the payment of respective amount.
A copy of the payment receipt dated 29.11.2022 passed in
WPORC 178 OF 2022 In WPA 8328 of 2021 with CAN 3 of
2022 by the Calcutta High Court. is annexed herewith as
Annexure P/ at pages to .

01.12.2022 The Hon’ble High Court vide its order dated 1.12.2022 was
pleased to vacate the interim order of the staying the
deomolitilon . The Hon’ble High Court pleased to dismissed
CAN 3 of 2022. The copy of the order dated 1.12.2022
passed in WPCRC 178 OF 2022 In WPA 8328 of 2021 with
CAN 3 of 2022 by the Calcutta High Court is annexed
herewith as Annexure P/ at pages to

That the copy of The the said case being MAT No. 1911 of
2022 is annexed herewith as Annexure P/ at pages
to .
06.12.2022 The respondent no. 6 during the pendency of the appeal
before the Hon’ble High Court (DB) ignoring the interim stay
order dated 30.11.2022 granted by the High Court in CAN
No. 3 of 2022 in WPA No. 8328 of 2021 passed the
demolition notice dated 06.12.2022.
That the copy of the notice dated 06.12.2022 is annexed
herewith as Annexure P/ at pages to .

19.12.2022 That the Hon’ble High Court vide its order dated 19.12.2022
dismissed the said appeal i.e.MAT No. 1911 of 2022 with
the liberty to the petitioner herein to challenge the findings of
the Panchayat before an appropriate forum.
That as on the date of filing of CAN of 2022 the findings of
the Panchayat were not available with his cient, nor was his
lient given any hearing bythe concerned SDO. That the
appellanthas not enroahed upon any any portion of
anybody’s land. An application had been made forsanction of
a Building Plan which, however, cannot be traced out. It is
not in dispute that the appellanthasbeen paying house
property tax in respet of the construction he has made.
Trade licence has also been issued in his favour for carrying
on business from that premises. The order dated Februay
18.2022 being without jurisidcition and as such, void. He
contended that the writ petition being WPA NO 8328 OF
2021 was filed before the learned judge taking residuary
matters. Howevser, the subject-matter of the writ petition
pertains to Panchayat and land. The wit petition ought to
have been filed either before the learned judge taking Group
-I matters, orbefore the earned juge taking Group -V
matters. However , the ordser was passed by a learned
judge taking Group -IX matters, Hence it is a nullity.
That the said judgment and order dated 19.12.2022 passed
in MAT No. 1911 of 2022 is impugned herein.

21.12.2022 To stop the demolition of the suit property, the petitioner

herein seeking no recourse, filed suit for declaration being
T.S. Case No. 698/2022, in the court of Ld. Civil Judge (Jr.
DIVN) 4th Court, Burdwan against the Prodhan B .L & L.R.O.
and D.L. and L.R. O privates respondesnt interms of the
liberty granted by the High Court Calcutta above mention
judgement and order.
 That the copy of the said Title Suit being T.S. No. 693 of
2022 filed before the court of learned Civil Judge ( Junior
Division 4th Court Burdwan. is annexed herewith as
Annexure P/ at pages to .

22.12.2022 That vide order no. 02 dated 22.12.2022 passed in the said
T.S. No. 698 of 2022, Ld. Civil Judge (Jr. DIVN) 4 th Court,
Burdwan directed the plaintiff (petitioner herein) and
defendant no.1 therein (Pradhan- Respondent no.6 herein)
to maintain status quo in respect of the nature, character and
respective possession of the suit property as it stands today
till next date.
That the copy of the said order dated 22.12.2022 is
annexed herewith as Annexure P/ at pages to .
9.1.2023 The High Court passed order dt.9.1.2023 in MAT no. 1911
of 2022 was pleased to direct the learned single judge to
decide the other writ petition as per law.

10.01.2023 That the W.P.A. No. 25954 of 2022, filed by Petitioner before
the High Court Calcutta interms of the liberty granted by the
High Court in its judgment and order dated 19.1.2.2022
passed in MAT NO.1911 of 2022 thereby by seeking a
declaration that the action of the Gohogam gram Panchayat
with regard to the demolition and demarcation be rescinded
and withdrawn. herein is Disposed of by the order dated
10.01.2023. Another writ petition of the petitioner being
W.P.A. NO. 26721 of 2022 filed before the High Court
Calcutta with regard to alleged enquiry and demarcation
made to plots no. 711 and 711/ 1319 was disposed of with
liberty to persue the civil suit . The copy of the W.P.A. NO.
26721 of 2022 order dated 1.1.2023 is annexed herewith
as Annexure P/ at pages to
That the order dated 10.01.2023 W.P.A. No. 25954 of 2022
was pleased to grant liberty to the petitioner herein to
approach the authority in accordance with law for sanction to
construct. The copy of the judgement and High Court order
dated 1.1.2023 is annexed herewith as Annexure P/ at
pages to .
10.02.2023 That the 2nd contempt petition being WPCRC 175 of 2022
filed by the private respondent no. 10 was disposed of

The order dated 10.02.2023 of 2 nd contempt petition being

completly failing to appreciate the parent order19.12.2022
passed in MAT 1911 of 2022 granting liberty to approach
concerned civil Court . The order dated 10.2.2023 further
failed to appreciate statusco order dated 22.12.2022 passed
in title suit no. 698 of 2022 . It is further stated that second
contempt petition was erroneously disposed of in favour of
the private respondent without taking judicial notice of
judgement and order dated passed by the corrdinatae bench
in WPA NO. 25954 /2022 and WPA NO. 26721 of 2022 . It is
submitted that the order passed in contempt proceeding
stated above is bad in law and same was passed without
considering previous order passed in connection with the
same disputed land in question . It is stated that High Court
erred in law in exercising its writ jurisdiction and contempt
jurisdiction there after in pure civil matter wherein disputed
question of facts are involove.
.

.03.2023 Hence, the present Special Leave Petition.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
 SPECIAL LEAVE PETITION (C) NO. OF 2023
(Against the final impugned judgement & order dated 19.12.2022 passed in
MAT 1911 of 2022 and final order dated 10.02.2023 passed in WPCRC 175 of
2022 in WPA 8328 of 2021 both orders passed by the Hon'ble High Court at
Calcutta)

POSITION OF PARTIES
High Supreme
Court Court
IN THE MATTER OF :

1. Nilkanta Sen, Respondent Petitioner

S/o- Late Narayan Chandra Late, No. 10
R/o – Village Sonda,(Danga Para),
P.O.- Gohagram,
P.S.- Galsi, District- Purba Burdwan,
Pin- 713428

Versus

1. The State of West Bengal Respondent Respondent

Through its Secretary, No.1 No.1
Department of Land and Land
Revenue, Nabanna, Howrah &
Department of Panchayat & Rural
Development, Govt. of W.B, Joint
Administrative Building Block HC-7,
Sec-III, Salt Lake, Kolkata
Pin-700106

2. The Director, Department of Land Respondent Respondent

and Land Revenue, Nabanna, No.2 No.2
Howrah and Department of Panchayat
& Rural Development,
Government of West Bengal,
Joint Administrative Building,
Block HC-7, Sector.- Ill, Salt Lake,
Kolkata - 700106.

3. The Secretary, Department of Land and Respondent Respondent

 Land Revenue, Nabanna, Howrah and No.3 No.3
Department of Panchayet & Rural
Development, Government of West Bengal,
Joint Administrative Building, Block HC-7,
Sector - III, Salt Lake, Kolkata - 700106.

4. Block Land and Land Reforms Officer & Respondent Respondent

Revenue Officer, Galsi -II, No.4 No.4
having its office at PO & PS -Galsi,
Block Galsi - H,
District Purba Burdwan, Pin - 713406.

5. District Land & Land Reforms Officer, Respondent Respondent

PO. & PS. & District -Purba Burdwan, No.5 No.5
Pin - 713101.

6. The Pradhan, Respondent Respondent

Gohagram Gam Panchayat, Village No.6 No.6
Garamba, P.O. Gohagram, P.S. Galsi,
District - Purba Burdwan, Pin - 713428.

7. Sabhapati, Panchayet Samity, Galsi - II, Respondent Respondent

Village, Post & P.S. Galsi, No.7 No.7
District - Purba Burdwan, Pin-713406.

8. Zilla Parishad, Purba Burdwan, Respondent Respondent

P.O. & P.S and District - Purba Burdwan, No.8 No.8
Pin - 713101.

9. Officer-in- Charge, Galsi Police Station, Respondent Respondent

PO. & P.S. Galsi, District - Burdwan, No.9 No.9
 Pin - 713406.

10. Krishna Kanta Mandal, Respondent Respondent

son of Late Sudarshan Mandal, No.10 No.10
R/o- X-4 Shankhari Pukur Housing
Estate, P.O. Sreepally ,
District -Purba Burdwan,
Pin -713428.

11. Banamali Bagdi, Respondent Respondent

son of Saktipada Bagdi, No.11 No.11
R/o- Village - Sonda, (Danga Para),
P.O. Gohagram, P.S. Galsi,
District - Purba Burdwan, Pin - 713428.

12. Joydev Bagdi, Respondent Respondent

son of Saktipada Bagdi, No.12 No.12
R/o- Village -Sonda (Danga Para),
P.O. Gohagram, P.S. Galsi,
District -Purba Burdwan, Pin - 713428.

13. Swapan Bagdi, Respondent Respondent

son of Late Tarapada Bagdi, No.13 No.13
R/o-Village - Sonda, (Danga para),
P.O. Gohagram, P.S. Galsi,
District-Purba Burdwan, Pin-713428.

14. Tapan Bagdi, Respondent Respondent

son of Late Tarapada Bagdi, No.14 No.14
R/o-Village - Sonda, (Danga para),
P.O. Gohagram, RS. - Galsi,
District Purba Burdwan, Pin-713428.

15. Srikanta Bagdi, Respondent Respondent

son of Late Tarapada Bagdi, No.15 No.15
R/o-Village - Sonda, (Danga para),
P.O. Gohagram, P.S. Galsi,
District Purba Burdwan, Pin-713428.

16. Prasanta Bagdi, Respondent Respondent

son of Late Tarapada Bagdi, No.16 No.16
R/o-Village - Sonda, (Danga para),
P.O. Gohagram, P.S. Galsi,
District Purba Burdwan, Pin-713428.

17. Subal Chandra Goswami, Respondent Respondent

son of late Sudhir Chandra Goswami, No.17 No.17
R/o-Village - Sonda, P.O. Gohagram,
P.S. Galsi, District -Purba Burdwan,
Pin - 713428.

18. Tarak Chand Goswami, Respondent Respondent

son of Kanailal Goswami, No.18 No.18
R/o-Village - Sonda, RO. Gohagram,
P.S. Galsi, District - Purba Burdwan,
Pin - 713428.

19. Gurupada Goswami, Respondent Respondent

son of Late Kanailal Goswami, No.19 No.19
R/o-Village - Sonda, P.O. Gohagram,
P.S. Galsi, District- Purba Burdwan,
Pin - 713428.
 THE SPECIAL LEAVE PETITION UNDER
ARTICLE 136 OF THE CONSTITUTION OF INDIA

To,
The Hon’ble Chief Justice of India
And his companion Justice of the
Supreme Court of India.
The petition of the petitioner
Abovenamed

MOST RESPECTFULLY SHEWETH:

1. The petitioner has approached this Hon’ble Court under Article 136 of the

Constitution of India intending to Against the final impugned judgement &

order dated 19.12.2022 passed in MAT 1911 of 2022 and final order dated

10.02.2023 passed in WPCRC 175 of 2022 in WPA 8328 of 2021 both orders

passed by the Hon'ble High Court at Calcutta whereby the Hon’ble High

Court held that ample opportunity of hearing was granted to the petitioner

and he has participated in the Departmental Enquiry, no relief can be

extended to the petitioner.

2. The present petition raises, inter alia, the following substantial questions of

law of great public importance –

a) Whether the Hon'ble High Court has failed to appreciate that the
petitioner submitted a letter on 21.09.2000 asking for some documents
for perusal to enable him to reply to the inpuatation of charges but the
said documents were not supplied and thus he failed to submit his
defence properly?

3. DECLARATION IN TERMS OF RULE 3 (2) :

 The Petitioner states that no other Petition seeking leave to appeal or any
appeal has been filed by the Petitioner Against the final impugned
judgement & order dated 19.12.2022 passed in MAT 1911 of 2022 and
final order dated 10.02.2023 passed in WPCRC 175 of 2022 in WPA
8328 of 2021 both orders passed by the Hon'ble High Court at Calcutta.

4. DECLARATION IN TERMS OF RULE 5 :

The Annexure P/1 to P/ produced along with the Special Leave

Petition are true & translated copies of the pleadings/documents which
form part of the records of the case in the Court/Tribunal below against
whose order the Leave to Appeal is sought for in this petition.

5. GROUND:

The following grounds arise for the kind consideration of this Hon’ble

Court in the instant matter:

i. Because the Hon'ble High Court has failed to appreciate that the
petitioner submitted a letter on 21.09.2000 asking for some documents
for perusal to enable him to reply to the inpuatation of charges but the
said documents were not supplied and thus he failed to submit his
defence properly.

ii. Because the Hon'ble High Court has failed to appreciate that due to the
malafide intention and in a predetermined manner the departmental
enquiry has been initiated and conducted against the petitioner without
any fault.

iii. Because the Hon'ble High Court has failed to appreciate that the charges
levelled against the petitioner and the punishment which has been
imposed regarding termination of the services of the petitioner is
disproportionate.

iv. Because the Hon'ble High Court has failed to appreciate that proper
opportunity of hearing was not given to the petitioner.
 v. Because the Hon'ble High Court has failed to appreciate that the
petitioner was a member of weaker section of community and the
President of Madhya Pradesh Scheduled Caste & Scheduled Tribe
Adhikari Karmachari Sangha.

6. GROUNDS OF INTERIM RELIEF :

The principle grounds seeking interim relief pending disposal of the

Special Leave petition in this Hon’ble Court is as follows:

i. The Petitioner has set out the facts and circumstances of the case in

detail in the List of Dates and the same are not being repeated here for

the sake of brevity.

ii. Because the Hon’ble high court failed to appreciate that the petitioner

herein will suffer irreparable loss and injury if the relief sought by

petitioner is not allowed.

iii. That the petitioners submit that they have a good case on merits and

have every chance of success before the Hon’ble Court.

7. MAIN PRAYER :

Therefore, it is most respectfully prayed that this Hon’ble Court may be pleased

to:

A) Grant Special Leave to Appeal Against the final impugned judgement

& order dated 19.12.2022 passed in MAT 1911 of 2022 and final order

dated 10.02.2023 passed in WPCRC 175 of 2022 in WPA 8328 of

2021 both orders passed by the Hon'ble High Court at Calcutta.

 B) Pass such other or further order or orders as this Hon'ble Court may

deem fit, just and proper in the facts and circumstances of the case

and to do complete justice by and between the parties herein;

8. PRAYER FOR INTERIM RELIEF :

In the circumstances, it is, most respectfully prayed that your Lordships may
graciously be pleased to:

a. Stay the impugned final judgement/order dated 19.12.2022 passed in MAT

1911 of 2022 and final order dated 10.02.2023 passed in WPCRC 175 of

2022 in WPA 8328 of 2021 both orders passed by the Hon'ble High Court at

CalcuttaPass any order or further orders as this Hon’ble Court may deem fit

and proper under the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS YOUR PETITIONER SHALL

EVER PRAY.

FILED BY:-
Date: .02.2023 (SUBHASISH BHOWMICK)
Place: NEW DELHI (Advocate For The Petitioner)
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
(S.C.R UNDER ORDER XXI RULE 3 (1) (a)
SPECIAL LEAVE PETITION (C) NO. OF 2023

IN THE MATTER OF:-

Nilkanta Sen ……… Petitioner

Versus

The State of West Bengal & Ors. ……..Respondents

CERTIFICATE

Certified that the Special Leave petition is confined only to the pleading before
the Court whose order is challenged and the documents relied upon in those
proceedings. No additional facts documents or grounds have been taken or
relied upon in the special Leave Petition. It is further certified that the copies of
the documents/annexures annexed herewith to the Special Leave Petition are
necessary to answer the questions of law raised in the petition or to make out
grounds urged in the Special Leave Petition for the consideration of this Hon’ble
court. This certificate is given on the basis of the instructions given by the
petitioner(s)/ person authorized by the petitioner(s) whose affidavit is filed in
support of the Special Leave petition.

FILED BY:
Place: New Delhi (SUBHASISH BHOWMICK)
Filed on: 29.03.2023 (Advocate for the petitioner)
 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION [CIVIL] NO. ________OF 2023

IN THE MATTER OF :

Nilkanta Sen ……… Petitioner

Versus

The State of West Bengal & Ors. ……..Respondents

AFFIDAVIT

I, Nilkanta Sen, S/o- Late Narayan Chandra Late, R/o – Village Sonda,
(Danga Para), P.O.- Gohagram, P.S.- Galsi, District- Purba Burdwan, Pin-
713428 do hereby solemnly affirm and state as under :-

1. That I am the petitioner in the above-mentioned case and as such am

well conversant with the facts and circumstances of the case.
2. That the statement of facts in the accompanying Synopsis and List of
Dates (Pages to ), petition for special leave to appeal (Paras to
and Pages to ) and Civil Misc. Petitions are true and correct to my
knowledge and belief.
3. That the annexures filed alongwith the special leave petition are true
copies of their respective originals.

DEPONENT

VERIFICATION:

I, the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the above affidavit
is false and nothing material has been concealed therefrom.
Verified at New Delhi on this the ___day of , 2023.

DEPONENT
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2023
IN
SPECIAL LEAVE PETITION [CIVIL] NO. ________OF 2023

IN THE MATTER OF :

Nilkanta Sen ……… Petitioner

Versus

The State of West Bengal & Ors. ……..Respondents

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY OF

IMPUGNED ORDER

To
The Hon’ble the Chief Justice of India
And his Companion Justices of the
Supreme Court of India at New Delhi

The humble petition of the

Petitioner above-named

MOST RESPECTFULLY SHEWETH :-

1. That this is a Petition under Article 136 of the Constitution of India

seeking Special Leave to Appeal against final order dated 02.11.2022 IN
WRIT Petition NO. 6249/2001 passed by Hon’ble Madhya Pradesh High
Court bench at Indore) & order dated 12.09.2001 in Registrar General
High Court Of Madhya Pradesh Jabalpur and order dated 10.10.2000 by
District And Session Judge Ujjain Madhya Pradesh.
2. That the certified copies of the orders dated 02.11.2022, 12.09.2001,
10.10.2000 was placed somewhere. It is submitted that the petitioner
has applied the fresh certified copies of the orders dated 02.11.2022,
12.09.2001, 10.10.2000 but the same has not been received so far.

PRAYER
 It is, therefore, respectfully prayed that Your Lordships may graciously be
pleased to:-
a. Exempt the petitioner from filing certified copy of the impugned final
order dated 02.11.2022 in Writ Petition NO. 6249/2001 passed by
Hon’ble Madhya Pradesh High Court Bench at Indore and order dated
12.09.2001 in Registrar General High Court Of Madhya Pradesh
Jabalpur and order dated 10.10.2000 by District and Session Judge
Ujjain Madhya Pradesh.
b. Pass such other or further orders which the Hon’ble Court may deem
fit & proper in the facts & circumstances of the present case.

FILED BY:
Place: New Delhi (SUBHASISH BHOWMICK)
Filed on: 29.03.2023 (Advocate for the petitioner)
 FORM NO. 5
8(2) & 10(6)
GOHOGRAM GRAM PANCHAYAT

RECEIPT NO. 02110416D DATE: 19.07.2017

NAME: NILKANTA SEN

ADDRESS: THIKANA SONDA, GOHAGRAM

NOC FOR TRADE LICENSE

RS.500/- (FIVE HUNDRED) DATE-NIL RECEIVED

-SD- -SD-
GRAM PANCHAYAT PRODHAN
DATE-NIL
 Page no. 219
GOHOGRAM GRAM PANCHAYAT
GALSI NO. 2 PANCHAYAT SAMITI, GORUMBA,
PURBA BURDHMAN
MEMO NO. 233 DATE: 06.07.2022

TO,
NILKANTA SEN
C/O-NARAYAN CHANDRA SEN
VILL- SONDA, PURBA BURDHAMAN

Sir,

Hon’ble High Court (Case No. WPA 8328 Of 2021),

You are hereby requested to bring all the papers of your property on
12.07.2022 at 1:00pm at Gram Panchayat Office. It is very important.
Thank You

-Sd-
Pradhan
06.07.2022
Gohagram Gram
Panchayat
Burdhaman.
 Page No. 220
GOHOGRAM GRAM PANCHAYAT
GALSI NO. 2 PANCHAYAT SAMITI, GORUMBA,
PURBA BURDHMAN
MEMO NO. 249 DATE:
01.08.2022

TO,
NILKANTA SEN
C/O-NARAYAN CHANDRA SEN
VILL- SONDA, PURBA BURDHAMAN

Sir,

Hon’ble High Court (Case No. WPA 8328 Of 2021),

You are hereby requested to bring all the papers of your property on
04.08.2022 at 12:00pm at Gram Panchayat Office. It is very important.
Thank You

-Sd-
Pradhan
06.07.2022
Gohagram Gram
Panchayat
Burdhaman.
 Page No. 221
GOHOGRAM GRAM PANCHAYAT
GALSI NO. 2 PANCHAYAT SAMITI, GORUMBA,
PURBA BURDHMAN
MEMO NO. 282 DATE:
01.09.2022

(In connection with judgement dated 18.02.2022 passed in WPA 8328 of 2021
by this lordship Hon’ble Justice Rajsekhar Mantha and order dated 24.06.2022
in CPAN-448 of 2022)

TO,
NILKANTA SEN
C/O-NARAYAN CHANDRA SEN
VILL- SONDA, PURBA BURDHAMAN

Sir,
As per the order of High Court