BEFORE
THE BLOCK LAND & LAND REFORMS OFFICER, SONARPUR,
SOUTH
24 PARGANAS
bOSE PUKUR ROAD, MISSION PALLY, RAJPUR SONARPUR,
KOLKATA - 700150.
L.R.A. Case no. 43 of 2010
The Secretary, Sonargaon Housing
Co-operative Society Limited, having its office at Sonargaon, Post Office –
Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700150, District South
24 Parganas
______Petitioner
-
Versus –
Arpita Naskar, Daughter of Sri Dulal
Chandra Naskar, residing at Village – Teghoria, Post Office & Police
Station – Sonarpur, Kolkata – 700150, District South 24 Parganas
____Respondent
The humble Petition
of the above named Respondent most respectfully;
Sheweth as under :
1.
That the Learned B.L. & L.R.O.
Sonarpur, South 24 Parganas, on 09-05-2022, has served a notice on the
respondent to appear on 20-05-2022, to take part in the hearing to be conducted
by the Learned B.L. & L.R.O. with regard to the proceeding being L.R.A.
Case no. 43 of 2010.
Photostat copy of the said notice
being Memo no. XIII/1319/SNP/2022, dated 29-04-2022, received by the Respondent
on 09-05-2022, is annexed herewith and marked as Annexure – “A”.
2.
That the Respondent has no idea about
the proceeding being L.R.A. Case no. 43 of 2010. The respondent was not a party
to the proceeding, ever. The respondent has no record in respect of such
alleged proceeding. As such, participation in the hearing, without having any
paper of the proceeding became futile ceremony. To have an idea about the said
proceeding, the respondent on 10-05-2022, by sending a letter has requested the
B.L. & L.R.O. Sonarpur, South 24 Parganas, to provide copies of the
relevant papers and documents, though nothing has been acted upon.
Photostat copy of the Letter dated
10-05-2022 of the respondent is annexed herewith and marked as Annexure – “B”.
3.
That the Respondent states and
submits that the B.L. & L.R.O. Sonarpur, South 24 Parganas, should have
sent paper and documents including order, if any, to the respondent with the
said notice being Memo no. XIII/1319/SNP/2022, dated 29-04-2022, as to provide
an opportunity to the respondent for defense and submissions. Without providing
such documents it is an attempt to non-suit the respondent, which is
established violation of natural justice.
4.
That the Respondent states and
submits that the B.L. & L.R.O. being the statutory authority should have
intimated the respondent about the facts of the case to be heard on 20-05-2022,
without giving such intimation, the respondent cannot be asked to remain
present in the hearing.
5.
That the Respondent states and
submits that the respondent was not a party to the proceeding being L.R.A. Case
no. 43 of 2010. As such it is beyond knowledge of the respondent as to why the
respondent has been asked to appear and participate in the proceeding.
Therefore must intimate the respondent about the facts of the case first, and
then only the respondent can be asked to be present.
6.
That the respondent finding no other
way preferred a writ application before the Hon’ble High Court Calcutta, which
has been registered as WPA/8972/2022, and still pending.
Photostat copy of the said writ
application along with all annexures are annexed herewith and marked as
Annexure – “C”, Collectively.
7.
That on 18th day of May’
2022, the said writ application was mentioned before the Hon’ble Justice Suvra
Ghosh. After hearing the Hon’ble Court has orally directed the respondent to be
present before the Learned B.L. & L.R.O. and to ask for copies of the
proceeding to be heard.
Photostat copy of the Letter dated 19th
day of May’ 2022, is annexed herewith and marked as Annexure – “D”.
8.
That in the above given facts and
circumstances, the respondent seeks copies of the proceeding in the interest of
administration of Justice.
9.
That unless the Learned B.L. &
L.R.O. Sonarpur, South 24 Parganas, provide copies of the proceeding to the
respondent. The respondent will highly prejudice and suffer with irreparable
loss and injury, thereof.
10.
That the preponderance of balance of convenience
and inconveniences are in favour of the respondent and the petitioner will not
prejudice.
11.
That this application is made
bonafide and in the interest of administration of Justice.
In the given facts and circumstances,
it is prayed that the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas,
would graciously be pleased to allow this application and to provide copies of
the present proceeding to the respondent as to enable the respondent to defend
and contest the proceeding, in the interest of administration of Justice, and
or to pass such other necessary order or orders as the Learned B.L. &
L.R.O. Sonarpur, South 24 Parganas, may deem, fit, and proper for the end of
Justice.
And for this act of Kindness, the
Petitioner as in duty bound shall ever pray.
VERIFICATION
I, Arpita Naskar, being the alleged
respondent in the above referred proceeding. I am acquainted and conversant
with the material facts as stated in the foregoing paragraph of my application.
I sign and verify the application on 20-05-2022, at Sonarpur, South 24
Parganas.
AFFIDAVIT
I, Arpita Naskar, Daughter of Sri
Dulal Chandra Naskar, aged about 25 years, by faith Hindu, by Occupation
Business, residing at Village – Teghoria, Post Office & Police Station – Sonarpur,
Kolkata – 700150, District – South 24 Parganas, West Bengal, do hereby solemnly
affirm and says as follows :
1.
That I am the alleged respondent in
this present proceeding, and I am well acquainted and conversant with the
material facts as stated in the foregoing paragraphs of my application.
2.
That I am competent to swear this
affidavit. I am not acquainted and conversant with any fact and circumstances
of the present above referred proceeding, before the Learned B.L. & L.R.O.
Sonarpur, South 24 Parganas.
3.
That I made my application seeking
copies of the present referred proceeding as to enable myself to defend and
contest the present proceeding.
4.
That the above statements are true to
my knowledge and belief.
DEPONENT
|
|
Deponent
is known to me |
|
|
|
|
Advocate |
Advocate |
|
Solemnly
affirmed before me this 20th
day of May’ 2022 |
|
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|
N O T
A R Y |
District
:South 24 Parganas
BEFORE THE B.L. &
L.R.O. SONARPUR, SOUTH 24 PARGANAS.
L.R.A.
no. 43 of 2010
In
the matter of :
The Secretary,
Sonargaon Housing Co-operative Society Limited, ______Petitioner
-
Versus
–
Arpita Naskar and
Others
_____Respondents
Application For Copies of Proceeding
Advocate – on –
record :
Ashok Kumar Singh,
Advocate
High Court Bar
association Room No. 15, High Court at Calcutta
Mobile Number :
9883070666 / 9836829666
VAKALATNAMA
BEFORE THE BLOCK LAND
& LAND REFORMS OFFICER, SONARPUR,
SOUTH 24 PARGANAS
bOSE
PUKUR ROAD, MISSION PALLY, RAJPUR SONARPUR, KOLKATA - 700150.
L.R.A.
Case no. 43 of 2010
In
the matter of :
The Secretary,
Sonargaon Housing Co-operative Society Limited, ______Petitioner
-
Versus
–
Arpita Naskar and
Others
_____Respondents
KNOW ALL MEN by these presents that I / We Arpita Naskar, Daughter of Sri Dulal
Chandra Naskar, residing at Village – Teghoria, Post Office & Police
Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal. do hereby
constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly
and each of them severally to be pleader of take such steps and proceedings as
may be necessary on my / our behalf and for that purpose to make sign, verify
and present all necessary petitions, plaints, written statements and other
documents and do nominate and appoint or retain senior counsels, vakil,
advocates and other persons, lodge and deposits moneys and documents and other
papers in the Ld. Court and the same again withdraw and to take out of Court
and to obtain or grant as the case may be effectual receipts and discharge for
the same and for all moneys which may be payable to me / us in the premises. To
enter into compromise with my / our approval and withdraw, all moneys from the
court AND GENERALLY to act in the
premises and proceedings arising there out whether by way of execution, review,
appeal, or otherwise or in any manner contested there with as effectually and
to all intents and purpose as I / We could act if personally present and such
substitution and as pleasure to revoke I / We hereby ratifying and agreeing to
confirm whatever may be lawfully done by virtue hereof. In witness whereof this
Vakalatnama has been executed by me / us.
This the …………………day of ………………2022.
Sri Ashok Kumar Singh, Advocate.
High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number :
9883070666 / 9836829666, E-mail : aksinghadvocate@rediffmail.com
Miss Suchitra Chakraborty, Advocate.
Sri Biplab Some, Advocate. Sri Pritam Das, Advocate
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