# 22 June 2026 | Court No. 1 | Live Streaming of the Court proceedings.

https://www.youtube.com/watch?v=ll1J3fk4scA

[10:47] Yes.
[10:49] This is an intra court apprain.
[10:51] I'm mentioning on behalf of the state.
[10:53] The state has preferred an appeal.
[10:54] Made it was directed to appear today.
[10:56] We ordered it in 11th of June 2026.
[11:00] Meert this is an appeal meal preferred by the state against an order transferring the case to CBI.
[11:04] group nine group nine group nine meard police and action meal matter which is order passed by the honorable single batch.
[11:10] fresh application mad this is a fresh application m I'm beseeching your lordship.
[11:13] This was directed to appear today.
[11:16] I will do that.
[11:18] May I have mal's kind leave mad to mention this matter for release mal.
[11:21] This is a 2013 matter me has appeared for the petitioner.
[11:25] To be mentioned.
[11:26] Mad may not keep it tomorrow day after inform your other side.
[11:31] I will.
[11:33] Just to mention one matter my lord.
[11:34] The issue is covered by lordship's own order.
[11:36] I being senior in the promotional cader I have been deprived.
[11:41] Hearing pleadings have been complete my lord.
[11:43] Pleadings completed.
[11:45] 2024.
[11:47] If it is covered it will be covered.
[11:49] it's covered covered by his own order.
[11:51] the issue is covered only on that score.
[11:53] it can be disposed of.
[11:54] who is your other side?
[11:55] my other side I will intimate him I will intimate.
[11:57] Give a notice and mention.
[11:59] Well, I will intimate him kindly.
[12:00] Please, please give him a notice and mention.
[12:02] Let him come.
[12:03] We will understand.
[12:03] Who is your other side?
[12:05] Who is the advocate?
[12:05] Pritikum.
[12:07] Priti.
[12:07] Pardon?
[12:08] Pritikumar is a notice and come back.
[12:12] Yes.
[12:12] May to mention one public interest litigation.
[12:15] This is a pending repetition.
[12:17] There is a direction for if if applications are fresh, please hand over this list.
[12:20] This is fresh.
[12:22] Applications have been earlier appeared in the list.
[12:24] give a notice to your other side and when so fresh application.
[12:28] fresh application it has never appeared.
[12:29] no it but it was appeared there's a direction I file an application for implementation of the earlier order for removal of encroachment.
[12:39] very good then you must must have served.
[12:41] I have served already served.
[12:42] who is your other side?
[12:43] state and the give a notice and come back.
[12:47] I will I will hand over.
[12:49] Please give a notice and come, yes.
[12:55] For take the mic, take the Y.
[12:57] May I permit to mention lo inclusion in the list?
[13:00] Lordship, which group?
[13:03] Uh WPCT matter, lordship.
[13:05] WPCT lordship earlier appeared.
[13:08] Yes, lordship, ready for hearing, lordship.
[13:12] Give us one week's madam, come next week with the notice to your other side.
[13:17] Let us resettle the list we have just now.
[13:19] I'm praying leave to file this application for very short modification in connection with judgment regarding in a P matter pass by.
[13:29] You file the application.
[13:32] What is the file your application, it will appear?
[13:34] I'm just praying leave.
[13:36] No, no, no leave.
[13:38] Yeah, Lord, this is the student union election matter.
[13:43] On the last Monday we had mentioned this matter before this bench and this bench had directed us to mention this matter today.
[13:49] Who is your other side?
[13:51] Uh additional advocate general was appearing on behalf of the state.
[13:54] This was a matter this was a matter of in the year for the year 2023.
[13:59] Very good.
[13:59] Give a notice to him and come back next Monday.
[14:03] We will reorganize our list accordingly.
[14:06] Please give a notice and make s.
[14:08] Yes.
[14:08] All right.
[14:08] Item numbers 331 and 332.
[14:12] This is with regard to preservation of Ramsa site meal.
[14:13] This east Kolkata wetland meal it was mentioned uh upgradation upgradation.
[14:19] It was directed.
[14:23] It was directed to come today to mention a public interest litigation.
[14:29] There's some urgency in the matter if it can be accommodated.
[14:31] It's a new matter.
[14:32] New matter.
[14:33] It will appear returnable date is tomorrow.
[14:35] May it appear tomorrow.
[14:37] We try we cannot assertain the determination has changed.
[14:41] My officers have come the files needs to be reoriented.
[14:45] Some precedents may be given to it.
[14:47] Give us the synchronized opposition workers m and pulling down of
[14:52] the opposition parties mad party offices and mad attack on two incumbent MLAs and three incumbent members of parliament.
[15:02] Earlier Mr.
[15:02] No, it's first time first time.
[15:04] first time it's a motion mal it's not been taken up it has been filed on Friday mal we tried to mention on Friday but the bench was not sitting we could not mention it.
[15:16] grateful.
[15:21] kindly to mention one uh peel matter hearing 2015 matter.
[15:25] give us one week sir let us reorganize.
[15:32] what the virus has been issued.
[15:34] Director of Ministry of Land issued by nonable.
[15:57] So why did you to mention earlier?
[15:59] Initially it was filed.
[16:03] Initially order was there are five six content applications are taken up for hearing of the cat.
[16:07] When did you file the application?
[16:09] Friday we have it.
[16:12] Similar order has been state by chief justice on last 19.
[16:20] There are five matters.
[16:21] Who is to appear warrant?
[16:25] He will appear and he will be released on B.
[16:27] What is the problem?
[16:29] The director of Ministry of Arban and Housing Development director ask him to appear before he tries.
[16:36] This order has been stayed by the by this ear.
[16:38] Can you see?
[16:41] See out of six one has moved before this court and this court has been pleased to pass an order staying but others are there for that other matter returnable tomorrow.
[16:55] How how you will get the relief?
[16:57] Tomorrow? It is returnable.
[16:59] Your officer has to come then otherwise he will say high court is in cement.
[17:05] You you you ask him to appear thereafter if any.
[17:11] Pass by the kindly see the order.
[17:13] This is a similar matter.
[17:13] This go on similar.
[17:17] Can you have a look?
[17:39] May May 19, 2026.
[17:39] This is WBC 101 of 2026.
[17:46] Get it?
[17:46] Second page of the order.
[17:50] The despite despite having specific ground was taken by the employer that the economic ban was exist.
[17:57] Therefore it is submitted the dependency of the time was
[17:59] not justified in directing the department to treat the application then eligible and proceed the selection.
[18:12] leave to mention.
[18:13] Yes.
[18:13] Any means.
[18:21] Sir, wait for one.
[18:21] Wait for me.
[18:25] May I have your my lord's leave to mention one pil matter?
[18:27] My this matter was returnable one week my lord.
[18:31] However, my it has my remind us next week sir remind us.
[18:37] My lord we committed to mention one city applications and four WPCT motions for inclusions.
[18:42] My lord motion motion.
[18:43] My lord when did you file?
[18:44] My lord in 2025 2026 itself my lord several matters are there.
[18:48] My 25 application.
[18:50] No application my lord is of 26 my lord and four my lord wbc motion matters my lord for inclusion.
[18:59] When did you find motion me of 2024, 2025?
[19:03] So why you are mentioning now we are in 2026, sir?
[19:08] Wait, come any did not have is a fresh motion.
[19:11] Fresh motion, my lord.
[19:12] Fresh motion, so remind us next week.
[19:15] It is 25 motion, no urgency to discuss one day.
[19:19] My lord, may I have the liberty to mention another PIL matter?
[19:24] My lord, it relates to the hearing.
[19:25] Hearing? No, my it was appearing in the list.
[19:27] Thereafter it did not come up, my praying for after it is appearing.
[19:31] How will it come?
[19:33] It was not appearing in the list.
[19:36] It is me 2025, 25 me it it is related to the it earlier.
[19:43] Me it was it was listed, however, adjournment was granted, therefore it didn't after that for the respondent.
[19:51] When, when, when uh me 3 months back take up the file and come give us the dates.
[19:56] Leave to mention a mattership this.
[19:59] is the WBC matter two application ready for hearing lordship I'm praying for inclusion hearing.
[20:04] Yes lordship can two can lordship with WCT appear your not you're mentioning about notice madam.
[20:13] I have verbally informed lordship if I appear as there lordship you appeared.
[20:18] could be kept in the first week of July if it could be kept in the first week of July all pleadings are complete paper books have been filed.
[20:27] paper books file it's a hearing then there hand over this let us see how we can leave to mention a p matter Lordship.
[20:33] It is regarding filling up of pawns.
[20:35] 12 vigas of pawns.
[20:38] It was hard when filed when filed filed in 2026.
[20:41] It was hard before the vacation.
[20:44] It was directed that the immediately after vacation it will be taken up for consideration of the interim order.
[20:51] Then what happened?
[20:53] You didn't it did not come up your mention.
[20:55] You mentioned your lordship.
[20:56] It did not come up.
[20:57] Your other side give a notice.
[20:57] I'm for
[20:59] The private response.
[20:59] Private respond.
[21:01] Notice has been served.
[21:04] It's in the motion stage.
[21:06] It's in the motion stage only for consideration of the Indian order.
[21:09] Yes.
[21:11] Yes.
[21:11] All the list.
[21:18] This is by.
[21:27] They have been appointed on contract basis initially on a substantive.
[21:33] Subsequently they have been regularized by the local office without me obtaining my permission from the head office and my lord they have regularizing.
[21:46] No, no motion.
[21:49] We are challenging the order of the tribunal or the regulation took place in the 1997.
[22:03] and I was continuously performing the entire duty responsibility.
[22:36] Hello.
[23:07] The pleadings are complete.
[23:09] All the pleadings are cleared on to be hard.
[23:12] Now any contempt application?
[23:14] Yes.
[23:14] Contempt.
[23:16] But once the contempt has been sorry the WPCT file I pray to court to keep the matter and assigned so that the matter can be adjudicated on merit by the honorable read court that I'm not proceeding the content before the lower court.
[23:29] Very good.
[23:29] So this has to be finally heard sir that is not for only to my friend saying that giving the undertaking then my we have to pass if my friend wants to wants to file an opposition in this matter he can file or heard opposition what opposition pleadings are there already then you fresh matter then you hear it.
[23:56] Any can fix my lord the only difficulty which I'm facing a lot out of the respondents here in Mallet who are applicant before the court below have retired and they after the retirement malad they are not getting a single sum
[24:08] in order for the survival mallet and
[24:10] they are facing a lot of difficulty mallet so my pleadings to lordship my
[24:14] prayer would before your lordship that take up the matter mallet any day your lordship's itinary suits mallet
[24:30] document and the brief signopsis which has been filed by both the parties mallet your lordship may be acquainted with just reading out the brief submission pardon the briefs list list of dates has already been submitted separately mallet
[24:47] and your lordship would be acquainted going through that list of dates no in the tribunal they use their reply yes yes
[24:56] that you have enclosed they have filed yeah I have I have enclosed this is my they are the appalent they are the appalent before this
[25:02] well I have enclosed everything there and your opposition yes yes there's no infirmity so far as the enexture of the document everything
[25:10] is settled in this particular petition I did not to file any separate document save and except this.
[25:15] before the tribunal me we have filed reply they file the rejoinder all are with this petition melod.
[25:22] all documents are before los me asking very short law point involvement if they permit me to argue on.
[25:37] You should have thought.
[26:41] That yes.
[26:42] I have already candidly submitted you before the squad.
[26:43] Why should I submit?
[26:45] He's very afraid, afraid of you.
[26:49] Tell.
[26:50] Yes, next mateful m.
[26:54] Number two, I'm appearing.
[26:57] My lord, perhaps not take up this matter.
[26:59] Mr. appeared.
[27:01] One personal ground of one of us from the matter stands released from our east.
[27:23] It's next.
[27:30] This petition he has filed without disclosing the copy of way, copy of reply.
[27:38] For whom?
[27:39] I am for the respondent.
[27:40] Your lordship with folded hands I appear.
[27:43] For the matter, your lordship.
[27:45] First of all, my apologies for appearing virtually.
[27:47] Now lordship, it is on a very limited aspect that cat is continuously through various orders in various ways stopping my transfer orders your lordship.
[27:58] And these orders of the catal is a petition, they did not disclose the copy of the original application.
[28:04] It is a required in respect of filing a WPCT my allings.
[28:13] They did not supplement including.
[28:46] She might see their repetition.
[28:50] Our feelings did.
[28:52] They did not disclose.
[28:56] The rules did not disclose.
[28:57] Your lordship with folded hands I would like to make two humble submissions.
[29:01] Not only the identical issue this honorable court did not.
[29:04] Was it hard upon exchange of pleadings?
[29:07] Yes, first of all court has passed an interview order.
[29:13] They did not obey that.
[29:14] They have passed another order.
[29:16] I filed a business application.
[29:19] After filing of the business application that the triuner has noted the similar order passed by this honorable court where the high court did not interfere.
[29:25] Kindly see similar and not only that this matter.
[29:28] Why you are not appearing physically?
[29:31] Lordship I actually lordship I was in some health difficulty.
[29:36] I was traveling from Delhi today morning I missed my flight.
[29:40] So your lordship can tomorrow similar matter is listed.
[29:42] Your lordship uh day after it is listed before the cat.
[29:47] your lordship hearing what.
[29:49] when it is fixed.
[29:50] the case has been fixed 24th.
[29:53] on 24th June matter has been fixed.
[29:56] 24th June.
[29:57] June this week.
[30:00] when did you file the application 9th.
[30:02] June.
[30:03] yes.
[30:04] and he did not discuss anything my date.
[30:09] 24th June 24th June lordship.
[30:12] date has been fixed or secondly.
[30:14] ownership which is 24th June adm has been fixed.
[30:17] all matter has been fixed for final disposal so what is the urgency.
[30:22] I do not know m.
[30:23] your lordship the urgency here is.
[30:25] your lordship all these transfer orders.
[30:29] please allow me to speak for a minute.
[30:31] please it is my petition you're not allowing me to speak at all your lord.
[30:34] before your lordship please allow me.
[30:36] your lordship with humble request your lordship.
[30:38] these orders are passed in complete derogation.
[30:41] I'm not on the merits your lordship.
[30:42] the my petition before the cat should be heard expeditiously is my only prayer your.
[30:48] Lordship, before this honorable court, I'm aware pleadings are complete, matter is ripe for hearing on 24th.
[30:53] Your lordship, there should be no adjournment as such is what I'm praying, your lordship.
[30:59] Sir, why the tribunal has fixed it on 24th, why you're anticipating the matter will be adjourned again?
[31:06] Your lordship, because they have still not filed the rejoinder and they might seek time to file rejoinder and other things, your lordship, is apprehension.
[31:14] But sir, what is the what is the ground for preferring this expedition?
[31:17] You want that the heart out expeditiously. This is your prayer.
[31:23] So matter is fixed on 24th. You make necessary prayer before the tribunal.
[31:28] Lordship, my petition. This petition should be adjourned to the next day, your lordship.
[31:32] I'll push it before the tribunal.
[31:35] What will be the utility, Mr. Misra?
[31:38] If the tribunal hears you are not Misra?
[31:42] I'm Mishra, your lordship. I'm Mishra.
[31:43] Yes, so tribunal has fixed it on 24th, yes.
[31:48] So you withdraw the repetition and go to
[31:50] the
[31:50] tribal I'm I'm ready to bow down your
[31:52] lordship what I'm praying for it should
[31:54] be adjourned to one date I'll press
[31:56] before the tribunal if it is heard I'll
[31:57] come and withdraw it before your
[31:58] lordship on 24th or 25th any day your
[32:00] lordship
[32:01] 24th you appear before the tribunal
[32:04] I will appear your lordship only
[32:05] apprehension is the tribal is going to
[32:07] extend the date your lordship on
[32:09] me you withdraw you withdraw go before
[32:11] the tribe
[32:13] lordship my humble request is your
[32:14] lordship that one adjournment should be
[32:16] granted your lordship it should not be
[32:18] disposed of your lordship with folded
[32:20] hands I'm praying one adjournment
[32:22] you are seeking adjournment from us
[32:24] your lordship I'm praying I'm not
[32:27] seeking I'm just praying otherwise cat
[32:29] will they will adjourn this matter on
[32:30] 24th for sure they will not hear the
[32:33] matter I'm very
[32:35] maj
[32:40] Because lordship what is happening pan
[32:42] India these orders are being cited and
[32:44] ne further negative orders a trail is
[32:46] being followed your lordship
[32:48] none of my transfer orders are getting
[32:49] exchanged
[32:50] you are challenging an order of 12th of
[32:52] May 2026
[32:55] said order the tribunal has fixed it on
[32:57] 24th of June.
[33:00] So then what is the wrong in the order
[33:02] you want to tell us? Please show us that
[33:05] this is the wrong it should not be heard
[33:07] by the tribunal.
[33:08] No no your lordship it should be heard
[33:10] by the tribunal itself. I understand
[33:12] your lordship. My only concern here is
[33:14] first of all your lordship we should be
[33:16] given an opportunity of hearing on 24th.
[33:18] That is it. Nothing else we should be
[33:20] heard on 24th. That is my
[33:23] 24th you will be heard. What is the
[33:25] problem? We are not sure in the past
[33:28] also lordship a similar order was passed
[33:30] by this honorable Kolkata high court.
[33:32] Similar order was passed in February but
[33:34] till date that matter has also not been
[33:36] heard so far. Your lordship we have
[33:37] filed an affidavit also before the
[33:39] tribunal that high court has directed
[33:40] for expeditious disposal but till date
[33:43] that matter is not heard. Your lordship
[33:46] tribunal has fixed it on 24th. You are
[33:49] telling before us that go and ask the
[33:51] tribunal to hear it out on 24th itself.
[33:54] We are not in we we cannot dictate there
[33:58] their there what will be the time frame
[33:59] what will be date of the learned
[34:01] members. So you withdraw the application
[34:04] go to the tribunal and if expeditious
[34:06] time is not granted then you will come
[34:08] back before us
[34:10] then we are recording your withdrawing
[34:11] on the prayer of the learned on the
[34:14] prayer of Mr. MRO learned advocate
[34:16] appearing for the petitioners
[34:19] the read petition being WPCT 122 of 2025
[34:25] is dismissed as withdrawn
[34:39] for the epent it was filed on Thursday
[34:41] and it has come up today kindly grants
[34:43] me a week's time. It's a fresh matter.
[34:46] Your lordship.
[34:47] Your lordship as I find service only
[34:49] today.
[34:50] Service has not yet been made. I'm
[34:51] holding the walat on behalf of the
[34:53] respondent. Let
[34:54] us upon you. They are afraid of you.
[34:59] Complete service.
[35:01] Let the matter be taken upon the first
[35:03] week of July. My lord,
[35:07] Miss P. Oh, you are appearing. Mr.
[35:10] Banner learned advocate appearing.
[35:45] I'm for the petitioner.
[35:47] I'm for the responders.
[35:51] Hearing
[35:56] matter if you worship
[36:00] it.
[36:05] One thing
[36:09] if you
[36:11] said how can I take up
[36:18] time
[36:22] on personal
[37:02] I beg you appear
[37:18] I beg to appear on behalf of the state
[37:20] my lord last on Last occasion when the
[37:23] matter was taken up for hearing there
[37:24] was a specific direction to serve copy
[37:26] upon us my lord and still I don't have
[37:28] the copy my
[37:28] I to appear on of the union of India
[37:30] this matter lordship uh lordship uh on
[37:34] previous occasion uh the coordinate
[37:36] bench of this honorable court has
[37:37] granted us
[37:38] I'm for the petitioner
[37:40] let us go through the Got it. Smells
[38:07] state.
[38:08] Yes, my lord. My lord, till the system
[38:11] is regularized, I my lord, I will be
[38:13] assisting my lord in this court my lord
[38:16] in all the matters for the state my
[38:17] lord.
[38:18] So you have not been what
[38:20] copy of the application my lord that's
[38:23] been served my lord. uh however I'll
[38:27] we have time and again we are praying
[38:28] before my lords to serve us with the
[38:30] copy my lord
[38:31] of India wanted time to file
[38:33] file fed opposition lordship I have I
[38:36] have the instruction lordship that uh
[38:38] the opposition from Delhi it has been
[38:40] duly notorized and it has been
[38:41] dispatched on Friday lordship I have not
[38:44] no lordship it has been dispatched
[38:46] through post lordship it has been duly
[38:48] notorized uh I am being uh humbly
[38:50] beseeching you lordship I mean uh may I
[38:54] uh
[38:55] accommodate a week's time lordship so
[38:57] that in the meanwhile I can file the FDM
[38:59] opposition
[39:03] that it appearing for
[41:10] I
[41:13] know
[41:15] here what happens here virus of
[41:18] transgender person's protection of right
[41:20] amendment act was challenged similar
[41:22] issue is also pending with supreme court
[41:24] of India
[41:26] had
[41:30] in person
[41:32] in
[41:35] The law student is appearing in person
[41:40] order of the Supreme Court.
[41:43] No subsequent it was supposed to come
[41:45] Lord
[41:48] appearing in person.
[41:49] Yes. Yes. I know that.
[41:52] But what I'm praying what I'm praying
[41:54] lord an application was moved under
[41:56] article 139A of the constitution of
[41:59] India lord for transfer of the cases
[42:01] pending the various high court to the
[42:03] supreme court. Now while entering that
[42:05] application Supreme Court has passed
[42:07] this order. Can you have a look this
[42:10] Supreme Court issued notice and matter
[42:13] is pending for further consideration
[42:14] before the Supreme Court and as because
[42:16] you know the virus of this act was
[42:18] challenged before the Supreme Court by
[42:19] filing an application on article 32 of
[42:21] the constitution of India.
[42:43] Where is that order that all matters
[42:45] have been to be? This is the order. This
[42:50] this transfer application was filed in
[42:52] respect of the proceeding which was
[42:53] pending with the DIY.
[42:55] This order this is in respect of the
[42:56] proceeding which is pending with the DIY
[42:58] high court. You are saying that an order
[43:01] has been passed that all similar matter.
[43:03] No no no order is not I have checked it.
[43:06] Order is not in respect high court. The
[43:08] proceeding is pending high court.
[43:19] But the issue is not similar.
[44:39] This is the order in
[44:44] it
[44:48] 3rd of August
[44:51] third of August 2026.
[44:56] This is our last order in that loan and
[45:05] no one appears on behalf of
[47:22] The other
[47:24] side. Why you have this side?
[47:31] Number 11.
[47:36] With regard to the
[47:38] sometimes we may forget we may consider
[47:40] you to be respondent
[47:44] in the afternoon
[47:47] item 8 I appear on behalf of the private
[47:49] respondent number 10 11 and 12.
[47:55] Mhm.
[47:55] I'm led by Mr. Vishuhachar he's on legs
[47:58] malot kindly make it a short pass.
[48:02] This is a very hot matter. I'll just
[48:04] give a long and short of this matter.
[48:06] He will make it a long one.
[48:08] Head I have very limited. What? After
[48:10] the election, two months into the
[48:12] election. What surprise?
[48:13] Next Monday we will hear you.
[48:17] Next Monday ask him to appear. Mr. You
[48:20] are there for the union. I'm from CBI
[48:23] and ED
[48:43] appearing on behalf of the respondent
[48:45] municipality. I am coming to report my
[48:47] lord. I am
[48:49] matters
[48:51] my lord.
[49:23] petition.
[49:26] This is the represented.
[49:27] Yes.
[49:28] Here we are represented but without a
[49:31] copy
[49:34] we have
[49:37] without any sanction plan. I have
[49:39] submitted report inspection made.
[49:41] Details report is in this report. Ought
[49:43] to be demolished. Ought to be
[49:45] demolished. Ought to be demolished. We
[49:48] have already take steps.
[49:50] My lord also called them for hearing
[49:52] that is scheduled on 15th of July.
[49:54] You are for whom?
[49:55] PCB. Pollution control board.
[49:58] Pollution. Let us understand. Show us
[50:00] the order which you have imputed.
[50:03] The water the petition have made a
[50:06] representation regarding the
[50:08] Taki Taki city guest house and Disha
[50:11] river river river river river river
[50:12] river river riverside this matter was
[50:14] filed before your lordship and
[50:16] subsequently there's a liberty to better
[50:18] particulars to approach before this I
[50:20] just indicate one thing 31 this is the
[50:24] report regarding to the municipality you
[50:28] I'm for the 7 respon
[50:32] I'm for the municipality illegal
[50:34] absolutely illegal without any sanction
[50:36] plan even they have no trade relations
[50:38] also to run this business. But I have
[50:40] specifically mentioned
[50:41] you are in his favor. He wanting
[50:43] demolition. Yes. Then who is the private
[50:45] respond? Who is the owner of
[50:47] private respondent? My lord is lordship.
[50:50] The two hotels my lord. The no my lord.
[50:53] Answering the respondent number 12 and
[50:56] 13.
[50:57] 12 and 13.
[50:58] 12 and 13. Taki city guest house and the
[51:02] mund as the hotel.
[51:04] So have you served up on them?
[51:06] last occasion lordship we have every
[51:09] service kept with the record lordship
[51:11] last occasion we have served
[51:12] nobody appeared on their behalf
[51:14] no malert
[51:16] then what remains in the municipality
[51:19] has held in your
[51:20] the similar matter similar matter
[51:24] regarding the corruptions of 2018 to
[51:27] 2022 in the same chairman we have no
[51:30] faith against the chairman
[51:33] we have no faith against the chairman
[51:35] And in favor of the chairman the similar
[51:37] matter corrup regarding the corruption
[51:40] and system.
[51:41] Yes. You have taken steps for
[51:42] demolition.
[51:43] Yes ma'am. Kindly see my report.
[51:45] We will see.
[51:46] Yes. Yes.
[51:47] When we would be demolishing it
[51:49] my lord. 15 days time is required. 15
[51:52] days time is required. Kindly fix it.
[51:54] After fortnight I will come with the
[51:56] report of demolition because we have
[51:58] given opportunity of hearing to the
[52:00] wrongdoers. They failed to submit any
[52:02] documents. I have everything I have
[52:04] mentioned in my report.
[52:05] Where is your report?
[52:06] Yes. Your report?
[52:07] Yes. Yes. Yes.
[52:08] Then who are they?
[52:10] They are the
[52:12] he is the petitioner. Mad who is who
[52:15] watched and follow this public interest
[52:17] litigation. He visited there and found
[52:19] there is some unauthorized construction.
[52:22] So he come with the pill. Is not the
[52:24] interested party is the
[52:26] kindly see page 31 regarding myot. This
[52:29] is this is the report. Malot, executive
[52:31] engineer, Bosat irrigation department.
[52:35] This this was meot done after made a
[52:38] complaint by the petitioners.
[52:51] X=
[53:22] those persons
[53:24] council for petitioner undertakes to
[53:26] supply the copy of the petition
[53:30] regarding service to the state state we
[53:34] have
[53:42] last
[53:46] show us the service that has been served
[53:49] Okay.
[54:02] Mostly
[54:50] anybody was present on their part.
[54:52] Yes. But I I don't know that has been
[54:55] mentioned.
[55:12] 48.
[55:14] This inquiry report was filed by the
[55:16] commission by the municipality.
[55:18] Lord, the service page 10 and 11. The
[55:21] item has been delivered.
[55:22] I don't know. You check it up.
[55:27] check
[55:33] but it may be mentioned that it is since
[55:35] it has obtained trade license
[55:39] any document.
[55:41] Then what happened after this report you
[55:43] have called them for a hearing?
[55:45] Yes my can you see the next page? Next
[55:49] report is of 8 June 2026
[55:52] my lord 25 2026 notice dated my lord I
[55:55] have called for city guest house my
[55:58] reference number is 121 by tm
[56:01] you have called them
[56:03] yes they f but they did not appear
[56:05] neither produce any document
[56:07] Mr. post wait
[56:10] we find a memo of 20th of May 26 my lord
[56:15] a city you have given notice your
[56:18] instrument
[56:21] then what happened after
[56:22] they did not turn off
[56:24] they never appeared they never produce
[56:26] any document and as as per our municipal
[56:28] record no such enlistment of certificate
[56:31] of trade license in favor of these two
[56:33] guest house and there is no sanction
[56:36] plan there is a sanction plan that is
[56:37] the just opposite of that river bank
[56:40] then what do you intend to do now
[56:42] had to be demolished to proceedings
[56:46] since they have filed the repetition
[56:48] pass the order in accordance with steps
[56:51] we will take steps within 15 fortnight
[56:55] even I'm carrying the original
[01:08:28] me lord I'm appearing for the petitioner
[01:08:30] my lord
[01:08:32] copy copy my lord my lord let a
[01:08:35] direction to serve copy upon us my lord
[01:08:37] we have served
[01:08:38] my lord is aware of the situation in all
[01:08:39] the matters I'm praying for s
[01:08:41] 21st we have sord 21st May
[01:08:45] 20th
[01:08:46] service of service is there
[01:08:55] copy received
[01:08:57] 20th I have served now I have given also
[01:08:59] copy
[01:09:00] I'm so grateful for to my learned friend
[01:09:05] matter your petitioner
[01:09:07] who will appear
[01:09:08] yes my lord me your petitioner is a
[01:09:11] practicing advocate of this Quote
[01:09:12] members
[01:09:20] [clears throat]
[01:09:25] on behalf of the state responders.
[01:09:32] One report is required.
[01:09:36] Let there be a direction to file a
[01:09:37] report.
[01:09:39] Let there be a direction to file a
[01:09:41] report. One report is required from the
[01:09:43] state
[01:09:44] from the state authority because me
[01:09:46] because me lord it is a very small
[01:09:48] matter may lord me lord in the state of
[01:09:51] west bengal there are so many lotteryies
[01:09:52] companies are there me lord it name is
[01:09:55] dear lottery by forging the name of de
[01:09:58] lottery meot some persons are meot
[01:10:01] selling false tickets me lord fake
[01:10:03] tickets and publics are cheated
[01:10:06] government funds may damage me I milord
[01:10:11] being the advocate of this court. I
[01:10:13] think my lord that lord government is
[01:10:16] losing a huge revenue lord. So
[01:10:20] you give a copyr
[01:10:23] you give a copy it will appear you take
[01:10:25] instruction I will I will take
[01:10:27] instruction [clears throat]
[01:10:29] you can
[01:10:30] yes yes yes my lord within a week
[01:10:38] and if you have a report to that effect
[01:10:40] bring on
[01:10:42] Monday will be sufficient
[01:10:47] kindly Make it two weeks my lord.
[01:10:50] Kindly make it two weeks my lord.
[01:10:55] 7th July my lord.
[01:10:59] Tuesday.
[01:11:03] Yes. 7th July. Next
[01:11:06] 7th July
[01:11:08] grateful with my lord
[01:11:11] for the respondent. I am for the
[01:11:13] petition.
[01:11:16] I am appearing for the West Bengal
[01:11:17] pollution control. This is not my
[01:11:19] service.
[01:11:30] I'm the
[01:11:32] Mr. Bash.
[01:11:34] I for the private
[01:11:37] you are the monger
[01:11:40] always
[01:11:42] for for clients for codes everywhere.
[01:11:45] that we have not said.
[01:11:55] Yes. He has some he has some revance
[01:11:59] that's why he file a petition I say it
[01:12:02] is premature because the moment they
[01:12:03] file the ballot demand for justice the
[01:12:06] pollution control board has taken steps
[01:12:08] so they are the season of the matter
[01:12:10] they are the only person to decide
[01:12:11] whether there is a pollution is creating
[01:12:13] by my client or not they have called my
[01:12:15] client and they are taking steps that
[01:12:19] has not been served upon us yes that's
[01:12:21] why
[01:12:23] according to me this is premature let it
[01:12:25] be decided by the policy control board
[01:12:27] then
[01:12:29] even is agrip he can move
[01:12:44] this
[01:12:44] I I don't they did not serve
[01:12:59] on this date. Me if hearing they are
[01:13:01] going to conduct a hearing lord no
[01:13:03] notice has been served upon us. They
[01:13:05] should at least
[01:13:07] I am appearing for the pollution control
[01:13:09] board. Malad in a case like this we
[01:13:11] normally malad hold an inquiry after
[01:13:13] extending opportunity of hearing to both
[01:13:15] petitioner as complainant as well as the
[01:13:17] private respondent malad
[01:13:18] he launched a complaint
[01:13:20] he sent a representation mine for
[01:13:23] justice
[01:13:25] on that basis they have taken us
[01:13:28] yes
[01:13:30] no also I cannot now before the acting I
[01:13:34] cannot say anything
[01:13:36] we will membership
[01:13:40] page 22 is the representation.
[01:13:42] Yes. Yes.
[01:13:43] Dated 17th April 2026.
[01:13:45] Mr. Alex Gomes.
[01:13:46] Yes. Yes.
[01:14:24] No,
[01:14:38] this a shortcut. Yes.
[01:14:41] evid service.
[01:14:42] I have already service. May I have
[01:14:44] money? Can I leave? May I leave?
[01:14:47] We will dispose it of we will tell them
[01:14:50] to hear both the parties and have no
[01:14:51] problem.
[01:14:52] You are for respondent number
[01:14:54] eight. Let your junior be
[01:14:58] every sir.
[01:20:10] I for the petition.
[01:20:13] I'm for the state.
[01:20:14] I felt
[01:20:33] enter.
[01:20:43] Oh, good.
[01:21:05] Yes, Mr.
[01:21:06] Madam service.
[01:21:14] What is your grievance?
[01:21:16] This is under public litigation when we
[01:21:18] come to page four paragraph 3. You have
[01:21:20] given copy to Mr.
[01:21:23] Copy
[01:21:26] because otherwise I have to I don't have
[01:21:28] instruction
[01:21:29] I just can it be disposed of
[01:21:34] report is required to be called for
[01:21:36] because
[01:21:37] what is the matter? No no no no copy
[01:21:40] name I I but I have served again I I'll
[01:21:45] give
[01:21:46] tell us what is the grievance g is this
[01:21:49] but kindly kindly come to page three
[01:21:51] page four three but there are uh 1260
[01:21:57] numbers of flat residential quarters for
[01:22:00] the purpose of residence of the persons
[01:22:03] under lower income group in short LIIG
[01:22:07] who are employed within Dapur industrial
[01:22:09] belt. Most of the state flourer were
[01:22:12] initially allotted to private companies
[01:22:15] and government bodies situated in
[01:22:17] dugapur industrial belt as they can
[01:22:20] provide the s quarters fl for rental
[01:22:22] basis to their employees. Subsequently
[01:22:26] what happens mad these quarters are
[01:22:29] being murdered of occupied but
[01:22:31] unauthorized occupants but if you kindly
[01:22:34] come to just I'm giving you the kindly
[01:22:39] come to pace 20
[01:22:41] have you implicited the durapur
[01:22:43] industrial build
[01:22:44] yes m I have a I have
[01:22:47] yeah these have been constructed
[01:22:50] by
[01:22:52] allotted to private companies and
[01:22:55] government bodies Government bodies
[01:22:58] who who are who were the employees of
[01:23:00] the government companies in under Dapur
[01:23:02] based market. So Man Dapur development
[01:23:06] authority constructed this. Now
[01:23:09] Durapur development.
[01:23:11] Yes.
[01:23:11] Development authority constructed these
[01:23:14] flats.
[01:23:14] Yes ma'am. These flats
[01:23:15] handed over it to whom?
[01:23:17] To the employees who were under the
[01:23:20] employment of the different companies,
[01:23:22] government companies, other companies.
[01:23:24] So but now what happened but most of the
[01:23:27] companies already gone away there is no
[01:23:30] such accident now that floods are being
[01:23:33] used by the unauthorized occupants but
[01:23:36] more than 800 quartets are being were
[01:23:38] used by the unauthoriz occupants but I
[01:23:40] have arranged the documents I got it
[01:23:42] through RTI from the concern department
[01:23:45] can if you kindly come to ply
[01:23:52] kindly come to page 23 Three
[01:23:55] 20
[01:23:55] three
[01:23:56] two three
[01:24:00] I got it under 23.
[01:24:04] You are who are you?
[01:24:07] Yes. Yes. No mukhari mukhari is one of
[01:24:10] the complaint but can you see PS23
[01:24:14] serial number I short for this. They
[01:24:16] have given number one unauthorized
[01:24:19] occupant leaving. Kindly come to 22
[01:24:22] first.
[01:24:23] 22
[01:24:23] allotment letter copies of flat number
[01:24:25] such and such are available and intros
[01:24:28] and flat number such are not available.
[01:24:31] Yes. Now this is given
[01:24:34] so you have to make them parties you
[01:24:36] want to throw away the alloties.
[01:24:38] No no can you see I'm just report I'm
[01:24:40] showing be can you see the report? What
[01:24:42] is the report they have submitted?
[01:24:45] But kind of see the report there is not
[01:24:50] 2060
[01:25:01] father's name mother's name husband's
[01:25:03] name not allowed no
[01:25:04] but may I draw your lot of attention
[01:25:07] what is come to page 23 allotment not
[01:25:11] available
[01:25:12] yes
[01:25:12] now what is this remark
[01:25:16] Last one right hand column. U means for
[01:25:19] unauthorized occupants. U means
[01:25:22] unauthorized occupants and can you see
[01:25:24] all are OA means original occupants.
[01:25:29] O means original occupants. Then three
[01:25:31] unauthorized occupant. Unauorized
[01:25:33] occupant. Next unauthorized occupant.
[01:25:35] Next original occupant locked for long
[01:25:38] time. Unauthorized occupants.
[01:25:41] Then original occupant. Unauorized.
[01:25:43] unauuthorized. Can you see? 1 2 3 4 5 6
[01:25:49] 7 8 out of 11 eight are unauthorized.
[01:25:55] Next I have also n another
[01:26:01] in this regard will give the report my
[01:26:03] lord but I mean asano durapur
[01:26:06] development authority will give the
[01:26:08] report because their flat have been
[01:26:09] occupied. No no no not my fl but this is
[01:26:13] a public this is under public interest
[01:26:15] litigation this is not my fl
[01:26:17] not yours has constructed this has
[01:26:20] constructed this authority to answering
[01:26:22] all these have you served asan
[01:26:24] yes I have served only executive
[01:26:28] engineer and state manager has not
[01:26:31] received this m it is written
[01:26:33] chief executive officer has received
[01:26:36] no executive engineer refused to accept
[01:26:39] this is my invul I am sending And the
[01:26:41] estate manager also returned this the
[01:26:43] two involves my uh all other receipt but
[01:26:46] these two have not received my
[01:26:50] because the meaning remarks meaning my
[01:26:52] whether is occupant or non occupant they
[01:26:55] will answer properly
[01:26:57] appropriate of the
[01:26:59] it has been this has been given by the
[01:27:02] estate directorate RTI appreation was
[01:27:04] made to the SPIO estate directorate
[01:27:07] housing department. Yes,
[01:27:09] your housing department have given the
[01:27:11] information.
[01:27:11] Yes, my lord. But the construction has
[01:27:13] been made and alloted by the ass.
[01:27:15] Where do we find that construction made
[01:27:18] and alloted by
[01:27:21] right now my friend said that the
[01:27:24] right now?
[01:27:26] No, I have made him party. I have made
[01:27:27] him party
[01:27:30] of service as file as file be kept on
[01:27:33] record. No one no one no one
[01:28:13] It is your service upon the this
[01:28:22] service except two other
[01:28:27] have you asking you whether served you
[01:28:29] don't
[01:28:30] but but everybody receive except this
[01:28:32] two
[01:28:34] Assanol durapur development authority
[01:28:36] Have you served? Yes or no?
[01:28:38] Yes, ma'am. Yes.
[01:28:39] Where do we find it?
[01:28:43] But all receiver only two receiver now
[01:28:53] take
[01:28:56] you have replied to RTI instruction
[01:29:00] again upon the author.
[01:29:04] two weeks time. Two weeks time
[01:29:09] royal That day.
[01:31:30] your lordship I'm for the petitioner my
[01:31:32] lord I'm led by Mr. Sunonny Nandi my
[01:31:34] lord due to some his personal difficulty
[01:31:37] my lord he could not attend the court
[01:31:38] today I'm only praying for not today my
[01:31:41] lord
[01:31:43] not today
[01:31:43] yes my lord
[01:31:44] for this day
[01:31:45] municipal corporation pardon
[01:31:46] how municipal corporation
[01:31:48] you have instructions
[01:31:48] fellowship I also do not have
[01:31:50] instruction
[01:31:50] you take instructions we keep it after
[01:31:53] after a week
[01:31:54] my lord kindly kept not today my lord
[01:31:56] only
[01:31:57] any urgency is there madam
[01:31:58] no no my lord
[01:31:59] have you received the copy
[01:32:01] I have received the copy uh kindly
[01:32:11] 29th.
[01:32:12] 29th. You take instruction in the
[01:32:14] meantime, sir.
[01:32:19] You are for whom?
[01:32:24] Today an adjournment has been prayed for
[01:32:26] on behalf of the petitioner.
[01:33:16] My lord, I have to take instructions. My
[01:33:18] lord has ordered. It will be appeared on
[01:33:22] 30th. You take instruction in.
[01:33:24] Yes. Get
[01:33:40] My lord, I appear on behalf of the
[01:33:43] petitioner. My lord,
[01:33:47] who is opposing you? Sir, I have served.
[01:33:51] You have served. Yes, mingle
[01:33:55] sir.
[01:33:59] The petitioners are daily commuters
[01:34:02] traveling in the
[01:34:04] Shala Bajbos section under
[01:34:08] Eastern Railway
[01:34:14] and my
[01:34:16] petitioner challenging the apathetic and
[01:34:18] unconcernedness of the Eastern Railway
[01:34:20] Administration and um this petition has
[01:34:23] been filed my lord to secure the right
[01:34:26] to life and safety of Safety SE
[01:34:30] committee under article 21 of the
[01:34:32] constitution of India. My lord
[01:34:44] my lord.
[01:34:45] So you want to increase the number of
[01:34:47] trains
[01:34:48] lord seek because there is a long gap in
[01:34:50] between my lord the evening and morning
[01:34:54] um peak hours. There is a long gap and
[01:35:00] I have made a public interest sir
[01:35:03] because they
[01:35:05] are
[01:35:06] you are commuters you are saying that
[01:35:08] sufficient trains are not there
[01:35:11] only
[01:35:11] and your article 21 is affected since
[01:35:14] you are forced to board crowded trails
[01:35:17] so
[01:35:19] and there the passengers are forced to
[01:35:21] travel on the overcrowded
[01:35:24] where is your service have I have
[01:35:27] remove unauorized vendors using lighting
[01:35:30] stove for cooking and selling food.
[01:35:45] This is passenger.
[01:35:50] Where is your s? You have given s I have
[01:35:54] given.
[01:36:02] Who appears for railways? Anybody
[01:36:04] appear? Eastern Railway. Eastern
[01:36:06] Railway.
[01:36:14] Hello. I can serve the notice to the
[01:36:16] general manager.
[01:36:17] Lordship direct me.
[01:36:20] Divisional railway manager. You have
[01:36:22] served them.
[01:36:23] Yes ma'am. Gel manager and division
[01:36:25] railway manager.
[01:36:26] The union of India appears.
[01:36:31] Where is Mr.
[01:36:52] of India.
[01:36:54] ABW service for file be kept on record.
[01:38:22] commitment.
[01:38:31] It's
[01:39:20] Prior to my lord the death of Raba BB
[01:39:22] page 17 with the gonodor lordship knows
[01:39:25] my lord those who are doing work in this
[01:39:27] field 17
[01:39:30] after the death my lord cornea donated
[01:39:34] and donated my lord to the bharamur
[01:39:36] medical college hospital but one of the
[01:39:38] neighbor lodged complaint with the
[01:39:40] Polish Polish without complying my lord
[01:39:43] the principal let down in the oreshumar
[01:39:46] immediately arrested my lord two male
[01:39:48] person son of raia bib to shan and my
[01:39:51] lord the my lord the daughter-in-law of
[01:39:53] the said family and sent to the jail
[01:39:56] that being the situation to jail
[01:39:59] sent to the jail my lord for donation
[01:40:01] for the commitment pledge made by their
[01:40:03] mother they have honored it and my lord
[01:40:06] donated their cornea donated her cornea
[01:40:09] to the bharamur Medical College. I will
[01:40:11] show my lord. Page 17 is the my lord the
[01:40:13] pledge.
[01:40:15] Page
[01:40:17] who are you
[01:40:17] my lord? I am a local resident at a
[01:40:20] point of time I was secretary of
[01:40:22] association of protection of democratic
[01:40:23] right doing work in this field.
[01:40:25] So what is your revance?
[01:40:27] Revance my lord this kind of action if
[01:40:29] taken by the foolish in the ensuing
[01:40:32] days. My lord the postoma's body is
[01:40:34] needed for the anatomy department for
[01:40:35] medical college student. My the cornea
[01:40:38] is needed for the purpose of my
[01:40:40] service upon this private res
[01:40:45] and my lord the blind person who are
[01:40:47] waiting from the cornea this particular
[01:40:49] movement will be my lord stalled in this
[01:40:51] fashion
[01:40:52] how how please go slow explain to us
[01:40:55] what
[01:40:55] true my lord kindly see page 17
[01:40:58] my commitment pledge
[01:41:00] what what your place
[01:41:02] pledge pled
[01:41:03] yes page 17 what you want to say
[01:41:05] then my lord kindly come Lord then what
[01:41:07] is 17? 17 is my lord her commitment for
[01:41:13] what is her commitment I'm reading my
[01:41:30] Pancreas, cornea, heart valves
[01:41:39] is the validity of this document.
[01:41:41] My lord, this is a commitment. This is
[01:41:43] needed for the purpose.
[01:41:44] Where from you get it? The relevant
[01:41:47] provision is there. My lord, the
[01:41:48] transplantation of human organ from you
[01:41:50] have got this sir. This this particular
[01:41:53] this declaration
[01:41:55] this declaration a particular
[01:41:57] organization doing we are wanting to
[01:41:59] know where is the source of this
[01:42:01] document where from you get it
[01:42:04] myself is residing over there my lord I
[01:42:06] in reced
[01:42:09] you got from your neighborly
[01:42:12] kindly
[01:42:13] yes kindly see
[01:42:15] yes kindly see a that is your statement
[01:42:18] yes ma'am
[01:42:19] where did you get it my lord
[01:42:22] Show us the line that I got it there.
[01:42:27] The paragraph two the repetition
[01:42:30] paragraph
[01:42:31] paragraphition.
[01:42:32] Let us go slow. Let us go.
[01:42:35] Paragraph two.
[01:42:41] Paragraph two raises grave issues. That
[01:42:43] is you are just just you are reading
[01:42:46] that question. I am asking you where
[01:42:48] from did you get this document 17
[01:42:50] page five my lord this is also available
[01:42:53] in the
[01:42:54] I am wanting to know where have you
[01:42:56] stated that I got it from this docu this
[01:42:59] authority
[01:42:59] I'm coming page five a
[01:43:02] Mr.
[01:43:03] Please answer our query. We have a
[01:43:05] question to you.
[01:43:06] I'm a resident of that particular area.
[01:43:08] Where is that statement?
[01:43:10] Page five.
[01:43:12] Where is that statement? You are a
[01:43:13] resident and you collected
[01:43:15] the one ra
[01:43:21] you are there talking to him just now. I
[01:43:25] have handed
[01:43:25] just now he has given the copy. No
[01:43:27] previously
[01:43:29] in this page I'm just find out for right
[01:43:31] now the page 70 there is no signature at
[01:43:34] all for
[01:43:38] you have initiated a proceeding he says
[01:43:40] that a criminal case has been initiated
[01:43:42] two persons have been arrested you take
[01:43:45] instruction regarding
[01:43:50] continue
[01:43:52] whether you will continue with that
[01:43:53] prosecution or
[01:44:02] No authority nothing
[01:44:07] I'm residing over there and I'm doing
[01:44:09] this work with this particular
[01:44:11] organization that is don't make
[01:44:13] unreasonable
[01:44:15] we have put you a question if your docu
[01:44:17] if your petition is not properly drafted
[01:44:20] then you withdraw and file with proper
[01:44:22] let me not check and come
[01:44:24] Let me check and come back on the prayer
[01:44:27] of Mr. Chocolate.
[01:45:20] You give a copy to Mr.
[01:45:35] has been made. What is your problem
[01:45:37] now? Is on bail.
[01:45:39] You're on bail. At the same time,
[01:45:40] I have got the bail has been submitted.
[01:45:43] No, this is one aspect.
[01:45:45] Yes.
[01:45:45] The other aspect is my lord,
[01:45:47] police may file also police report.
[01:45:48] No, my lord, either it is also my lord,
[01:45:50] oreshumar is not compliant. Or kumar is
[01:45:54] required to be complied.
[01:45:55] Mr. Ch, you have already been arrested
[01:45:58] granted.
[01:45:58] So such type of arrest my lord send
[01:46:01] wrong signal. My lord,
[01:46:02] that has already been over. We are
[01:46:04] asking you a question whether you have
[01:46:07] what is the status of the prosecution
[01:46:09] any
[01:46:10] charity is yet to be filed my lord
[01:46:11] charity
[01:46:12] why you are coming before us
[01:46:13] because for manyful reason for manifold
[01:46:16] reason my lord the standard operating
[01:46:17] procedure is required to be formulated
[01:46:19] my lord otherwise this kind of movement
[01:46:21] will be stalled
[01:46:25] my lord
[01:46:26] keep it on first July you take
[01:46:28] instruction first July
[01:46:31] you come with the you come with the
[01:46:33] details arrested when arrested what is
[01:46:36] the stage of the prosecution any chart
[01:46:38] sheet has been filed or not
[01:46:40] enter
[01:46:41] then if if so required you can file a
[01:46:44] report to that effect also
[01:46:45] this is evident of service
[01:46:47] keep it with you we will take it on that
[01:46:51] July
[01:46:56] yes
[01:47:01] this Yes. Where were the private
[01:47:04] respondents filled up canel and doa and
[01:47:08] make construction of a hotel? Canel and
[01:47:11] doa has filled up and constructed a
[01:47:13] hotel. On earlier occasion this hal
[01:47:16] court was moved in a public interest
[01:47:17] litigation. Your lordship will get the
[01:47:20] order passed by this honorable court at
[01:47:23] page 27 of the
[01:47:25] let us get the papers.
[01:47:28] Yes.
[01:47:28] But I for I'm for the private
[01:47:30] respondents. private
[01:47:33] authorities who are appearing
[01:47:35] I'm for the minority instruction.
[01:47:37] Yes sir.
[01:47:48] Not the earlier order your lot will get
[01:47:50] at page 27 it starts
[01:48:04] the
[01:48:05] found
[01:48:08] materials on record they committed for
[01:48:10] forgery and even got the land converted
[01:48:15] which is government land canel.
[01:48:18] and DBA and constructed a hotel
[01:48:24] when it was pointed out municipal
[01:48:25] authority is a notice and directed them
[01:48:27] to demolish it.
[01:48:30] What is the memo of 31st August?
[01:48:33] Lordship will get it at page 35.
[01:48:35] 35.
[01:48:36] Yes.
[01:48:50] Very good. Then what happened?
[01:48:52] There
[01:48:53] this honorable court directed the
[01:48:55] municipal authority to implement it.
[01:48:57] Thereafter they move the honorable AEX
[01:48:59] code
[01:49:01] move the AEX code will get the AEX
[01:49:03] court's order which was dismissed at
[01:49:05] page 45.
[01:49:17] Operating Page 46
[01:49:20] is missed.
[01:49:31] This was dismissed when 16th
[01:49:35] 12th of September 25.
[01:49:36] Yes.
[01:49:37] Then what happened? Then the municipal
[01:49:39] authority also 21st January 2025 issue
[01:49:44] notice to do it to demolish it nothing
[01:49:46] has been done then the municipal
[01:49:48] authority has given excuse that there is
[01:49:50] no buller or other available and that's
[01:49:53] why they have not done it
[01:49:55] bulldozer not available their excuse at
[01:49:59] page 49 name.
[01:50:16] Executive Officer Harun is given this
[01:50:25] on the basis of an information short.
[01:50:27] They have given this reply
[01:50:29] and this they are still running hotel
[01:50:32] and the additional construction has also
[01:50:34] been made in the meantime.
[01:50:38] Where do we find that lordship? Finally
[01:50:41] see my presentation
[01:50:43] that is at page
[01:50:51] 57.
[01:51:02] representation
[01:51:07] you made up the representation.
[01:51:09] Yes.
[01:51:11] Nothing has been done.
[01:51:14] I'm just receing kindly have a look at
[01:51:16] page 79 ma'am.
[01:51:18] 70
[01:51:19] 79. What has happened? The private
[01:51:22] respondent has forged the sanction plan.
[01:51:26] The sanction plan
[01:51:27] forged the
[01:51:28] and after that we had uh lodged a
[01:51:31] complaint before the cast police station
[01:51:34] my lord Bur police station. The
[01:51:37] proceedings has been initiated. The
[01:51:39] police is investigating and in the
[01:51:41] meantime they had came before this court
[01:51:44] under section 482 CRPC minor for
[01:51:47] quashing of the FIR and in the in the
[01:51:50] set
[01:51:50] it is My lord, kindly have a look at
[01:51:52] page 79. My lord,
[01:51:53] is missed.
[01:51:54] It is evident that we had demolished.
[01:52:00] 79.
[01:52:01] Page 79 of the order. My lord passed by
[01:52:04] honorable justice joining Gupta. My in
[01:52:08] where you are saying
[01:52:09] para
[01:52:11] may I read my lord?
[01:52:14] Simply because the illegal portion of
[01:52:16] the premises has been demolished
[01:52:18] pursuant to an order passed by this
[01:52:20] court. It is not mean that the alleged
[01:52:22] criminality would not go away. I am not
[01:52:24] on the criminality. It it is it has it
[01:52:27] was demolished.
[01:52:28] You are for the municip
[01:52:29] municipality. It was demolished and it
[01:52:32] has been admitted before the court
[01:52:33] before this honorable court my lord that
[01:52:35] it was demolished
[01:52:37] and the rest of the portion which has
[01:52:39] which is yet to be demolished that is a
[01:52:42] conversion has been made by the private
[01:52:44] respondent from doa to pasu as well as
[01:52:47] doba to ku hotel that is under the
[01:52:51] jurisdiction of the land land department
[01:52:53] my lord let the land department file a
[01:52:56] report regarding the conversion how the
[01:52:58] conversion they had taken Place that
[01:53:00] means they had allocated
[01:53:01] which the building was on which plot
[01:53:05] this notice which you s
[01:53:16] earlier order by this honorable
[01:53:18] everything has been considered and it
[01:53:20] has been held that both should be done
[01:53:24] 35
[01:53:26] second
[01:53:28] para
[01:53:31] So far for part is concerned that has
[01:53:33] been another
[01:53:37] there's two holding number 36 by 26 by
[01:53:41] new and 27 public new
[01:54:08] and 40 page 44 is the ROI
[01:54:19] will get answered at P 33 of the earlier
[01:54:21] order 33
[01:54:25] Conversion has also been
[01:54:29] found to be legal and apparent
[01:54:44] to sing.
[01:54:58] Mistake
[01:55:01] of sin.
[01:55:20] Computment
[01:55:24] 33
[01:55:26] it has been discussed.
[01:55:27] Another point is that my lord
[01:55:30] you have
[01:55:30] construction has taken place in the year
[01:55:32] of my lord
[01:55:32] you have demolished the building which
[01:55:35] was existing in which plot
[01:55:38] it is it is the plot which was not
[01:55:40] sanctioned. There are two plots you're
[01:55:42] saying one is 36 by 26 other is 27.
[01:55:47] Yes.
[01:55:48] Which building construction on which
[01:55:51] they are the where the things is that
[01:55:53] they had prayed for revision of the plan
[01:55:56] for extension of the building
[01:55:59] that has been forged by the
[01:56:00] which plot
[01:56:01] that is both both the plot
[01:56:03] both.
[01:56:04] We had demolished the illegal portions.
[01:56:06] My lord
[01:56:07] we have demolished the illegal portions
[01:56:09] totally illegal. Yes.
[01:56:11] Totally illegal.
[01:56:13] It is
[01:56:15] the separate is the separate.
[01:56:17] Yes. Is separate.
[01:56:18] Not a pawn. Pawn may be private.
[01:56:21] Definitely.
[01:56:22] Then the conversion of the pawn may be
[01:56:24] done by that owner of the pond.
[01:56:26] Definitely.
[01:56:27] But is a public?
[01:56:29] Yes. How a public land can be converted
[01:56:33] to pass through and the same can be
[01:56:36] allowed on the same permission can be
[01:56:39] given to construct a hotel. No,
[01:56:41] we are not for the private responders.
[01:56:44] May I clarify? Well, kindly come to page
[01:56:46] 109.
[01:56:47] That question was
[01:56:48] page 109.
[01:56:50] This is the FIR that was lodged against
[01:56:52] us by Mal the municipality. Kindly come
[01:56:55] to the first par
[01:57:00] in the I'll clarify in the year 2000
[01:57:03] 2000 a building plan was submitted by
[01:57:05] the a referenda Singh for obtaining
[01:57:08] necessary permission to carry out a
[01:57:09] construction in a plot bearing number
[01:57:11] holding 27 by new but this has been
[01:57:14] mistyped because there is no such plot
[01:57:16] 27 by new lying secreted by Dag number
[01:57:19] such and such right my lord so one
[01:57:21] building plan was sanctioned in 2000 not
[01:57:24] in dispute. Second paragraph. Thereafter
[01:57:26] another building plan was submitted by
[01:57:28] Ramjit Ramanjit Singh and Devindra Singh
[01:57:30] father and son to the Halis municipality
[01:57:33] in the year 2020 for obtaining necessary
[01:57:36] permission to construct a G + 3
[01:57:39] commercial building lying and situated
[01:57:41] at Dag number such and such number D
[01:57:43] such and such holding number 35 by 26
[01:57:47] new. Now this is also not in dispute.
[01:57:51] Now the dispute is with the third one.
[01:57:54] Thereafter in the year 2023 the person
[01:57:56] namely Dendra Singh submitted revised
[01:57:59] commercial plan for obtaining necessary
[01:58:00] permissions to carry out the further
[01:58:02] construction in respect of the premises.
[01:58:04] after considering such a revising
[01:58:13] planks which were sanctioned and
[01:58:15] building was constructed or a dispute
[01:58:17] arose with the third one and it was
[01:58:19] alleged that it is forged but I'm coming
[01:58:22] to that m it was al that is forged a
[01:58:24] fire was registered I was arrested
[01:58:26] charge sheet has been submitted one of
[01:58:28] the accusers also filed for discharge
[01:58:30] right m now in kly kind of page 35 that
[01:58:34] was relied upon by Mr. Gosh. Kindly
[01:58:35] come.
[01:58:36] No, you have not answered our query.
[01:58:38] Page 110.
[01:58:40] Hereafter in the year 2023, Deendra
[01:58:43] submitted a revised commercial for
[01:58:45] obtaining to carry out further in
[01:58:47] respect of premises A. Right. Which is
[01:58:49] that premises?
[01:58:50] That is my lord. I have an my lord uh
[01:58:55] assessment register. My lord,
[01:58:58] this is all in the same premises
[01:58:59] adjoining to each other. Now the third
[01:59:02] building plan was told to be mallet
[01:59:04] forged and malot was ordered to be
[01:59:06] demolished and it has been demolished.
[01:59:08] Now what has happened kindly come to
[01:59:09] page 35 adjoining premises on adjoining
[01:59:14] premises one building on two premises
[01:59:17] kindly come to page 35 relied upon by
[01:59:19] Mr.
[01:59:23] Me in this regard me police authority
[01:59:27] has investigated the same meal and
[01:59:28] supplementary char has going to file me
[01:59:31] as per report of the police has come a
[01:59:33] supplementary charit has going to file
[01:59:35] me because after char me police has then
[01:59:38] again investigated and the supplementary
[01:59:40] charit is going to file this the police
[01:59:42] report has
[01:59:42] you have not understood the story also
[01:59:44] sir I
[01:59:46] just wait
[01:59:48] page 35
[01:59:50] Yes, we have seen 35.
[01:59:51] So 35 it says that what the whole entire
[01:59:54] building
[01:59:54] 35 was there when the previous order was
[01:59:57] passed.
[01:59:57] Right now the the contention here is
[02:00:00] that the whole building is not to be
[02:00:01] demolished because that building plan.
[02:00:04] No then show us that which portion has
[02:00:07] been de
[02:00:07] that is that is the one there between
[02:00:09] the red and blue line that is the map.
[02:00:11] Page 37.
[02:00:12] Page 37.
[02:00:14] 35.
[02:00:15] 36.
[02:00:18] Here my 37. The ones in the X and has
[02:00:23] been demolished.
[02:00:24] Yes, this has been demolished. My lord,
[02:00:26] what may I suggest one thing? Two more
[02:00:29] things. M. The KH that they speak of
[02:00:31] physically. If this is the Mallet Hotel,
[02:00:33] the Khal is near the other end of the
[02:00:35] corridor. Right next to the hotel Mal,
[02:00:37] there is a railway. The outcome of this
[02:00:39] notice page 35 has been demolished.
[02:00:43] Nothing has been demolished.
[02:00:44] May I suggest
[02:00:47] appoint an advocate commissioner to
[02:00:49] inspect the premises and the surrounding
[02:00:51] areas and file a report. We are ready to
[02:00:53] foot the cost.
[02:00:58] You are requested to demolish the entire
[02:01:01] building was not to be demolished.
[02:01:10] Comely come to page 35.
[02:01:13] Okay.
[02:01:14] Hence as direct 36. Hence as directed by
[02:01:17] the board of commissioners, you are
[02:01:19] requested to demolish the dead
[02:01:22] unauthorized construction.
[02:01:23] It has been demolished construction.
[02:01:25] This part page 37 makam. This is your
[02:01:28] contention. No. This is their document.
[02:01:30] No. as per uh site plan physically
[02:01:35] measured.
[02:01:42] So then what is the next notice issued
[02:01:44] on 22nd of January 2025
[02:01:47] because it was not demolished by the by
[02:01:51] the private office parties. Finally the
[02:01:53] municipal authorities came and using
[02:01:55] their resources they have demolished
[02:01:58] those parts. We demolish
[02:02:00] this was demolished I think if I if my
[02:02:02] instruction is not wrong six four 6
[02:02:05] months ago
[02:02:07] nothing has been demolished I'm I
[02:02:09] visiting my lordship to appoint a
[02:02:11] advocate commissioner let the person go
[02:02:13] and visit and submit report
[02:02:16] no you the municipality you file a
[02:02:19] detailed report before us what step you
[02:02:22] have taken on the basis after dismissal
[02:02:25] of the Supreme Court application it was
[02:02:27] demolished and The rest demolition
[02:02:30] only the portion
[02:02:31] there then demolition where is the
[02:02:34] demolition order?
[02:02:35] Where is the demolition order? When was
[02:02:37] the demolition made?
[02:02:39] I shall file a report.
[02:02:40] You have shown to us the order of
[02:02:42] justice Joyce wherein it refers to that
[02:02:45] a portion has been demolished.
[02:02:46] Demolished.
[02:02:47] So you satisfy us if the demolition that
[02:02:50] there are he's saying that there are
[02:02:52] three plots within the same premises.
[02:02:55] Same premises. Then this conversion
[02:02:57] where is the conversion order? May I say
[02:03:00] something? It is physically if it is
[02:03:02] inspect
[02:03:05] page 40
[02:03:06] page 40
[02:03:07] page 40.
[02:03:09] It's the conversion was taken place in
[02:03:11] the year of 2016.
[02:03:24] Yes, please proceed They would know.
[02:03:53] What is the order?
[02:03:56] Mhm.
[02:03:56] And 41 is
[02:03:59] version specification.
[02:04:02] It's call to hotel.
[02:04:04] Where you are getting it?
[02:04:06] Page 41.
[02:04:08] Yes.
[02:04:11] Land schedule one. Last
[02:04:13] schedule land schedule one.
[02:04:15] Land schedule one.
[02:04:15] Yes.
[02:04:17] Hal converted to hotel.
[02:04:20] Hotel.
[02:04:23] Yes. First schedule
[02:04:25] then also second schedule is
[02:04:27] previous classification of the plot as
[02:04:28] per
[02:04:30] classification after conversion hotel
[02:04:33] Mr.
[02:04:35] dealing with the matter for six years we
[02:04:37] have not five minutes I'm just showing
[02:04:39] you
[02:04:40] we will come back to you
[02:04:41] yes same document I'm referring
[02:04:47] now this how this kal was converted into
[02:04:49] hotel
[02:04:50] it's done by the land department
[02:04:52] this was done on 19 July 2016.
[02:04:56] Yes, I have to take instruction. I don't
[02:04:59] I am also losing a question.
[02:05:01] Common sense is a public property.
[02:05:05] The animal lies here. The animal lies
[02:05:07] here.
[02:05:08] Water body mean for the use of the
[02:05:13] animal
[02:05:17] exists. There's a kal which exists. Not
[02:05:20] just the car, this railway also next. I
[02:05:24] had asked the municipality whether
[02:05:43] not speak of any compensator
[02:05:49] compensatory
[02:07:06] Mika
[02:07:10] number 01 number one. You place before
[02:07:14] us a report as regards all the steps
[02:07:18] taken to you taken by you pursuing to
[02:07:20] this notice of 31st August
[02:07:23] that is at page 35
[02:07:25] chronologically you detail that there
[02:07:28] were three structures
[02:07:30] one structure you have demolished which
[02:07:32] has been reflected in Joyce Gupt's order
[02:07:35] you detail you file the details
[02:07:37] otherwise we will not be able to
[02:07:39] understand it was one composite
[02:07:41] structure
[02:07:42] you are in conversion Not it is not
[02:07:45] one composite structure part of which
[02:07:48] was unauthorized that has been broken.
[02:07:49] Now kindly compare the dag numbers in
[02:07:52] the conversion with the part that is not
[02:07:55] our work. Let them come with
[02:07:57] let them also physically verify
[02:08:00] where is the hotel.
[02:08:02] I personally before the municipality
[02:08:04] whether there is a smooth running of the
[02:08:05] kal or not
[02:08:07] whether there is a
[02:08:08] that is the water flowing of the in the
[02:08:10] kal. They told that it is flowing. There
[02:08:12] is no such encroachment in regards to
[02:08:14] the kal that is 70 m away from the
[02:08:16] hotel.
[02:08:17] Then this encroachment is not on kal.
[02:08:20] No the existing waterways
[02:08:24] my
[02:08:25] that is as it is
[02:08:27] the bank of the pond bank of the kal is
[02:08:30] also part of the bank the bank before
[02:08:34] the bank there is also a railway canal.
[02:08:37] There's a railway drainage. There's a
[02:08:39] hotel. There's a railway drainage land
[02:08:41] and then the car which is 70 m away.
[02:08:44] Let them come with the report.
[02:08:45] I shall file the report.
[02:08:47] Paragraph 16 of the earlier order.
[02:08:48] Kindly see both premises A and B.
[02:08:50] Paragraph 16 of the earlier order by
[02:08:52] this honorable quote. Kindly see
[02:08:54] paragraph 16.
[02:08:55] What will happen that what is the
[02:08:56] ultimate direction that on the basis of
[02:08:59] that memo you proceed?
[02:09:00] Yes. But if yes to your lordship that
[02:09:03] both are unauled construction.
[02:09:05] How can we assess
[02:09:06] without any thanks and plan? Sanction
[02:09:08] plan has been forged. It has been found.
[02:09:10] They have seal of the municipal
[02:09:12] authority. They possess a seal of mun
[02:09:14] municipal authority and on using that it
[02:09:17] has been done.
[02:09:19] 16 categorical finding similarly earlier
[02:09:23] that has been demon.
[02:09:24] Yes.
[02:19:04] You have to take a photograph of me.
[02:19:06] [laughter]
[02:19:10] Thank you. Number 17.
[02:19:24] I'm for the British alert.
[02:19:26] state.
[02:19:27] I'm for the policeman
[02:19:29] service may be taken on record.
[02:19:37] Yes, my lord. I'm junior government
[02:19:38] advocate.
[02:19:45] Otherwise, you have to lord once we can
[02:19:49] serve. My lord wants I can serve.
[02:19:51] Let it appear next week. Anytime. Come
[02:19:54] next week with instruction.
[02:19:55] Instruction
[02:19:57] instruction with instruction. Next week
[02:19:59] with instruction.
[02:20:06] Yes. Yes. In course of
[02:20:16] your attendance.
[02:20:18] Yes. I have to regularize
[02:20:22] though. instruction has been made by
[02:20:24] from the GP office regulariz then it
[02:20:26] will helpful for
[02:21:38] 789. This is the copy of a pyramid of
[02:21:41] service. Lord
[02:21:55] I'm on the behalf of the petition. This
[02:21:57] is a copy of service
[02:22:00] for the
[02:22:02] lordship. The matter is relating to
[02:22:05] publication has any locus to stand.
[02:22:08] Your lordship the matter
[02:22:09] private
[02:22:12] dispute.
[02:22:15] Your lordship the matter is relating to
[02:22:16] the encroachment of one public land
[02:22:18] named Madar Tala land and construction
[02:22:21] of ground plus six unauthorized
[02:22:23] building. Your lordship. This is the my
[02:22:26] gravous uh grav and your petitioner has
[02:22:29] made a representation to the ham
[02:22:30] municipal corporation and other
[02:22:32] authorities.
[02:22:35] I'm I I'm tossifi I'm the petitioner. No
[02:22:38] no no
[02:22:41] petitioner we understand but what is
[02:22:43] your interest here
[02:22:44] you know ship nothing it's it's a very
[02:22:46] narrow land of pilkana madar land and
[02:22:49] they have constructed g6 storage
[02:22:51] building and therefore the pedestrian it
[02:22:54] cannot be used by the public at large
[02:22:56] what we expect is just consideration of
[02:22:59] our representation by the hol municipal
[02:23:01] corporation nothing else
[02:23:04] we have made a representation page
[02:23:05] number 21 sir
[02:23:19] page 21 is the representation we
[02:23:21] received on 20th May as I can see
[02:23:23] 20th uh May
[02:23:26] 20th May 26.
[02:23:27] Yes sir. Yes yes yes sir. One month is
[02:23:30] gone.
[02:23:31] Pee has been filed on 9th June.
[02:23:35] My totally posing
[02:23:39] time.
[02:24:41] What is the what is how many stoed
[02:24:44] building it is?
[02:24:45] Uh six storage building you
[02:24:47] sixtory building
[02:24:48] plus six
[02:24:49] when was it constructed?
[02:24:50] Uh it was constructed u very long ago
[02:24:54] but uh further the sixth floor is
[02:24:56] constructed very recently. Uh we have
[02:24:58] applied for Yes your lord.
[02:25:00] The sixth floor has been constructed
[02:25:02] recently. Yes, your lordship. Recently,
[02:25:04] but the building is an old building.
[02:25:06] Yes, your lordship.
[02:25:07] So, you are agreed by the additional
[02:25:09] four floor construction.
[02:25:11] Your lordship, they have already
[02:25:13] inducting the tenant over there. This is
[02:25:15] very risky for the life of the people
[02:25:16] also. Very narrow place. Madhata line is
[02:25:19] the is the place of
[02:25:21] Yes sir. Do you have a sanction plan?
[02:25:23] I
[02:25:25] construction.
[02:25:26] No, the sixth floor which you have
[02:25:27] constructed.
[02:25:28] Sixth floor has been made in 1980 my
[02:25:31] lord. total
[02:25:32] what's the con sanction plan
[02:25:35] I have not bring the sanction plan but
[02:25:38] so they will consider they will listen
[02:25:41] they will call you
[02:25:42] produce the documents they will take
[02:25:45] appropriate
[02:25:46] they could have filed the petitioner
[02:25:48] could have filed an application before
[02:25:49] the read court with regard to the same
[02:25:52] man kindly consider what why they have
[02:25:55] filed kindly page come to page 23
[02:26:00] 23
[02:26:01] of the petition.
[02:26:05] You have not pagated the you have not
[02:26:08] paginated your petition.
[02:26:10] Page uh representation uh page three
[02:26:13] 23 internal page three.
[02:26:15] Internal page three.
[02:26:16] Yes.
[02:26:17] Uh first paragraph last portion in bold.
[02:26:21] Yes.
[02:26:21] My lord. It is further stated.
[02:26:25] It is
[02:26:26] further stated that Imran Khan alias
[02:26:28] Vicki is the mastermind of the said
[02:26:32] unmran
[02:26:37] Khan Vicki
[02:26:38] Vicki is the mastermind of the said
[02:26:40] unauthorized construction and still
[02:26:42] residing in the say third floor of the
[02:26:44] same building. My lord who is Vicki
[02:26:46] Vicki is a tenant. Vicki is a tenin and
[02:26:50] my lord he is making a construction in
[02:26:54] uh of a building. No, not at all. Your
[02:26:57] lordship
[02:26:58] in front of the house where this
[02:27:00] petitioner reside.
[02:27:02] Who are you appearing for?
[02:27:03] For that for you appearing for
[02:27:06] I'm appearing for the 789.
[02:27:09] Seven that is Rias Parves and Foss are
[02:27:14] residents in that building.
[02:27:15] My lord,
[02:27:17] you are tenants. Very good. Very
[02:27:19] now my lord.
[02:27:20] Now Vicki, who is Vicki is impleed?
[02:27:23] Imran Khan who is a you are Imran Khan
[02:27:28] story this Iran
[02:27:30] we will listen to your story
[02:27:32] now Iran has made a construction
[02:27:35] residing on third floor of the building
[02:27:37] and what he has done
[02:27:38] my lord this person this petition has
[02:27:42] previously making a construction
[02:27:45] against that construction this Iran Khan
[02:27:48] file a retition
[02:27:49] oh I see
[02:27:50] not at all your lordship
[02:27:52] this is The petition
[02:27:53] your lordship may kindly
[02:27:55] petition is pending.
[02:27:56] This repetition is pending
[02:27:58] that is filed by this petitioner.
[02:28:01] No, this Iran Khan.
[02:28:03] Oh, Iran Khan filed a petition against
[02:28:05] not at all. Not at all against the uh
[02:28:10] nasi who the
[02:28:12] and I'm on the behalf of tobal
[02:28:14] nasi who is the
[02:28:17] promoter
[02:28:19] is
[02:28:21] with regard to the property
[02:28:23] who filed the repetition
[02:28:26] Iran Khan here is the Imran Khan Imran
[02:28:28] Khan fileition
[02:28:31] that repetition against whom respondent
[02:28:34] who was respondent Nasise was the
[02:28:38] promoter before
[02:28:42] and promoter of that person
[02:28:45] very good sir and
[02:28:47] as his requisition has been filed to
[02:28:50] take the personal grievances
[02:28:53] this pil has been filed
[02:28:55] so you are not Iran Khan why you are so
[02:28:57] worried
[02:28:58] my lord why I'm worried my lord this is
[02:29:00] a 1981 80s construction we recite
[02:29:04] who is the owner who is the owner of
[02:29:06] that property. You don't know. No, we
[02:29:09] also do not know. These are disputed
[02:29:11] questions.
[02:29:13] So you we will directly they have lodged
[02:29:15] a complaint. Let it be considered an
[02:29:18] appropriate steps be taken. You will get
[02:29:21] an opportunity of hearing what is the
[02:29:23] problem. This disputed question. Owner
[02:29:25] is not here.
[02:29:26] Owner is not here.
[02:29:28] Owner is not here. You are all the
[02:29:29] tenants of that property. Now my
[02:29:32] question is with this report. My
[02:29:34] question is if the public
[02:29:37] if you are a tenant then before taking
[02:29:39] teny you ought to have assertained that
[02:29:41] whether it is a legally constructed
[02:29:44] building or not. My lord since 1980
[02:29:48] I'm
[02:29:51] tenant since 1980
[02:29:54] now my lord when considering the public
[02:29:58] interest detail sir
[02:29:59] asserted we would not have interfered
[02:30:02] but the thing is it is a question of
[02:30:04] life of the people residing in a
[02:30:06] building we don't know of which any
[02:30:08] sanction plan is there because this is a
[02:30:10] common feature that had only one one so
[02:30:15] it is a two-story building. Third floor
[02:30:17] has been illegally constructed.
[02:30:19] My lord, if that be so, if that be so,
[02:30:22] why any application could not have been
[02:30:24] filed since 1982 till date? How
[02:30:27] the construction the third floor
[02:30:29] construction is recent?
[02:30:31] No, no floor is constructed recently.
[02:30:33] All the floors is since 1980.
[02:30:36] No, extensions are being taken.
[02:30:38] No extensions.
[02:30:39] G+ 6. Pardon?
[02:30:40] G+ 6tory
[02:30:43] building. It's a sevenstory building.
[02:30:46] Then where is the new construction?
[02:30:48] G+ 6.
[02:30:49] G plus 6 is the building which is the
[02:30:51] new construction.
[02:30:52] The G plus ground six. The sixth floor
[02:30:55] is the newly constructed and they are
[02:30:57] further extending your lordship.
[02:30:58] Where have you stated that?
[02:31:00] No.
[02:31:00] That further extending the
[02:31:02] Yes, your lordship. I have already in my
[02:31:03] pair portion your lordship.
[02:31:05] Prayer portion won't help. Where is your
[02:31:07] I have also given uh in my
[02:31:09] representation also
[02:31:11] only my pair portion is
[02:31:21] representation same as the
[02:31:23] representations further contraction
[02:31:25] say you come with instruction we will
[02:31:27] regarding uh old age of the building or
[02:31:30] m everything
[02:31:33] you could have disposed it of but they
[02:31:35] are tenants
[02:31:36] They do not know what has happened with
[02:31:38] the
[02:31:38] you are the municipality. You come and
[02:31:41] tell us that what is the issue then we
[02:31:44] will consider you take instruction on
[02:31:45] that
[02:31:46] then we will if that is not viable if
[02:31:49] there is no additional construction you
[02:31:50] will say we'll reject the petition
[02:31:53] that's your evidence of
[02:31:55] but so far as hearing is construction
[02:31:57] hearing is concerned regarding
[02:31:58] unauthorized construction they do not
[02:32:00] have a scope or opportunity to have it
[02:32:02] yes
[02:32:04] so that is why we want your instruction
[02:32:08] I will
[02:32:11] service as file be kept on record the
[02:32:14] learn it appear.
[02:34:26] ship. This is the apparel of service.
[02:34:29] But this is also hard.
[02:34:31] No, your lordship. This is a matter of
[02:34:32] transport transport issues. Your
[02:34:35] lordship
[02:34:36] your lordship the matter is relating to
[02:34:38] the illegal flying of an private vehicle
[02:34:41] without having permit and others require
[02:34:44] fulfillment of requirement like taxi you
[02:34:46] are
[02:34:46] appearing for the respondent same Imran
[02:34:49] Khan
[02:34:51] number nine nothing but same thing to
[02:34:55] twist my arm so I can withdraw so I can
[02:34:58] pressurize to withdraw my repetition
[02:35:00] everything three repetition three pill
[02:35:02] is there previously
[02:35:04] pill. This bill and item 21 also
[02:35:07] actually revolving around me just
[02:35:10] because I have filed a definition for
[02:35:13] illegal construction against one
[02:35:21] again
[02:35:21] this cases are coming
[02:35:25] one after my allegation is that my I
[02:35:28] have not renew my
[02:35:31] pollution
[02:35:32] applying of the pling without permit the
[02:35:34] properties Please bel your lordship
[02:35:36] kindly see the page number five
[02:35:38] 20.
[02:35:40] Yes tell us what is your case?
[02:35:41] Uh page number 20 lordship the public
[02:35:43] vehicle is there. Uh it is in the name
[02:35:46] of the private respondent number eight
[02:35:47] but
[02:35:48] go slow go slow. Page 20 page number 20
[02:35:51] your lordship.
[02:35:52] Yes.
[02:35:52] Uh this is in the name of man Walram
[02:35:55] yadab. That is the private respondent
[02:35:57] number eight.
[02:35:58] Where do we get it?
[02:35:59] Um without the permission without a
[02:36:01] where do we get it wal?
[02:36:02] Uh online searching your lordship. Page
[02:36:04] 20.
[02:36:05] Page 20. [clears throat]
[02:36:06] Where do we get it? Balam owner name it
[02:36:09] is dot dot dot dot.
[02:36:10] Yes. Your lordship. If we come to know
[02:36:12] about this we have
[02:36:14] to know about this what?
[02:36:15] Your lordship. We have searched it and
[02:36:17] come to know about this and the address
[02:36:19] of that person that where he reside and
[02:36:22] we have asked him whether he has sold
[02:36:25] that vehicle or not.
[02:36:27] Tell us now this this vehicle is belongs
[02:36:30] to according to you it belong
[02:36:32] private respond number eight. Very good.
[02:36:34] Then what happened? What is
[02:36:36] it? Is run by the private respondent
[02:36:37] number nine.
[02:36:38] Did you get it? When did you get this
[02:36:40] document?
[02:36:44] Where?
[02:36:44] Page number 27.
[02:36:46] Page number
[02:36:47] 27 of petition.
[02:37:36] Yes. Now what is your gance?
[02:37:38] The graven is that your lordship for
[02:37:39] running a private vehicle to permit at
[02:37:41] the moment.
[02:37:42] Yes.
[02:37:46] You are zafludin.
[02:37:47] Yes. Theologian.
[02:39:00] Yes. So you are agreed by this.
[02:39:02] Yes. Your lord sir.
[02:39:03] What is the this this statuto permit
[02:39:06] according to you was issued when?
[02:39:09] Yeah lordship. The section 82 of the
[02:39:10] vehicle uh transport motor vehicle act
[02:39:13] strictly say that permit is not
[02:39:14] transferable. If it is in the name of
[02:39:16] the private respondent number eight, how
[02:39:18] he private
[02:39:19] from we are finding that it is in the
[02:39:21] private respondent number
[02:39:23] your lordship page number 27. If it has
[02:39:25] not been transferred that is an
[02:39:27] illegality then how you are in work
[02:39:29] your lordship they are carrying the
[02:39:30] pupils they are carrying
[02:39:32] they are private respondent number nine
[02:39:35] are carrying the pupil at night they are
[02:39:37] playing that private vehicle at night
[02:39:39] only your lordship not on day because
[02:39:41] they can be catched it is a highly uh
[02:39:44] risky profession
[02:39:46] the vehicle is carrying the public
[02:39:48] without any proper
[02:39:49] have you stated that
[02:39:51] yes your lordship have you stated that
[02:39:52] that it is being uh replied at night.
[02:39:55] Yes, fellow Lordship. I have I stated in
[02:39:57] my petition as well as in my uh page
[02:40:00] number 23 of my representation petition
[02:40:03] and page number three of representation
[02:40:08] at night hour. Your lordship only night
[02:40:11] hours they are running that vehicles.
[02:40:13] Then who are you?
[02:40:15] Who are you? You are also a
[02:40:19] public.
[02:40:20] We are using that autoshipip. We are
[02:40:22] using the private vehicles I mean public
[02:40:25] vehicles for coming to the holl station
[02:40:28] to the Pelana and they are running this
[02:40:32] I don't understand you have obtained a
[02:40:35] certificate suddenly page 20
[02:40:39] the name also does not feature you have
[02:40:42] obtained it is a registered vehicle
[02:40:45] yes your lordship
[02:40:46] your allegation is that the registered
[02:40:48] owner has given it to somebody
[02:40:51] for flying it at night.
[02:40:52] Yes, your lord.
[02:40:53] For that when this now this uh why
[02:40:57] didn't you
[02:40:59] what suddenly prompted you to file this
[02:41:01] representation?
[02:41:02] Your lordship because it's not complied
[02:41:04] to section 82 of the transport
[02:41:06] section 82 not come when did you
[02:41:08] recognize suddenly one fine morning you
[02:41:11] get up and find it is not registered
[02:41:13] your lordship other things are also
[02:41:15] there
[02:41:16] on 26th of May. 26th May.
[02:41:19] Yes.
[02:41:20] And you have filed petition on 9th June.
[02:41:25] So very earlier the owner is your
[02:41:29] contention is that owner illegally
[02:41:32] permitted the private to the
[02:41:34] Yes Lord. And further
[02:41:37] and to carry the passenger.
[02:41:38] Yes. Further grievance is that there is
[02:41:41] no insurance
[02:41:42] it cannot be done
[02:41:44] your lordship. If the owner is to fly
[02:41:47] the vehicle or drive the vehicle where
[02:41:49] it is
[02:41:50] your lordship, there are also some other
[02:41:52] 29 rule 29 can owner not authorize any
[02:41:56] person to drive the his vehicle.
[02:41:58] Yes. Yes. Your lordship
[02:42:01] 29 or
[02:42:03] your lordship I have also some other
[02:42:05] grievances that third party is very much
[02:42:07] necessary for driving a public vehicle
[02:42:09] because I
[02:42:10] prompted you to come on 26th of May.
[02:42:14] What prompted you to file the
[02:42:16] representation on 26th May? Uh
[02:42:19] your lots is very urgent. Sir,
[02:42:21] where have you written that from
[02:42:22] in my representation?
[02:42:24] From this from this incident I came to
[02:42:27] learn, you have not even stated when did
[02:42:29] you obtain page 20?
[02:42:30] Lord, in my synopsis I have mentioned
[02:42:33] that
[02:42:34] in your synopsis, not in your pleadings.
[02:42:38] I also in my petitioning your lordship.
[02:42:40] Um I I'm definitely
[02:42:42] that I obtained that certificate on such
[02:42:45] and such date
[02:42:52] you're saying that you have
[02:42:53] from last two months you lost page
[02:42:55] number five uh paragraph number one and
[02:42:58] uh line number three from the last from
[02:43:01] the last two months without valid tax
[02:43:03] insurance and pollution certificate
[02:43:05] paragraph page five
[02:43:06] page five paragraph number one and third
[02:43:09] line from the last
[02:43:11] nearly 2 months without valid tax,
[02:43:14] insurance and pollution certificate.
[02:43:16] Insurance is at least insurance is very
[02:43:18] much important that if any accident may
[02:43:19] be occurred the third party may get the
[02:43:21] insurance.
[02:43:23] Yes. Now what is your
[02:43:29] compensation if done will be paid by the
[02:43:31] owner.
[02:43:32] Your lordship insurance is not there.
[02:43:33] Who will pay? Insurance is also not
[02:43:35] there. Huh?
[02:43:36] Your allegation?
[02:43:37] Your lordship. This is in in
[02:43:39] from did you come to learn that it is
[02:43:40] not insured? your lordship it is it is
[02:43:43] in page number 20 online available your
[02:43:45] lordship by marking the number of that
[02:43:48] uh registered number of that vehicle we
[02:43:50] get the things uh tax valid insurance up
[02:43:52] to it is expired pollution is expired
[02:43:55] permit is such and such if permit is
[02:43:58] maybe ignored but at least
[02:44:00] insuranceances must be Yeah.
[02:44:10] Don't make yourself
[02:44:34] Yes. What is your contention? Well,
[02:44:36] first of all, this petition is not at
[02:44:38] all mental as a public interest
[02:44:39] litigation. The allegation was leveled
[02:44:41] against me. All participle under
[02:44:45] motor vehicles act and police authority
[02:44:47] can or the authority concern can take
[02:44:49] against take any step against me. But as
[02:44:54] for this particular petition, I am a
[02:44:56] driver. I have taken permission. I'm a
[02:44:58] driver. I'm flying this car. Actual
[02:45:01] thing is different. What I have said
[02:45:03] just the beginning of this hearing that
[02:45:06] the reason is different. Why suddenly
[02:45:09] they trying to harass me in such a way?
[02:45:12] But uh as for this public interest
[02:45:14] litigation minus this position or
[02:45:18] whatever,
[02:45:19] take the mic. Take the mic.
[02:45:21] Whatever whatever they are actually
[02:45:23] asking before this code.
[02:45:24] You said us that there were previous
[02:45:26] litigation Previous litigation means
[02:45:30] litigation means I have filed a petition
[02:45:32] against Nasi Hosen. This is the person
[02:45:35] of Nasi Rosen who actually harassing
[02:45:37] trying to harass and
[02:45:39] against Nasi.
[02:45:41] Actually Nasi Rosen is the promoter. I
[02:45:44] have entered into an agreement of
[02:45:46] development of development agreement to
[02:45:48] construct my
[02:45:50] property. So they started without
[02:45:53] obtaining any sanction plan. What has
[02:45:56] that to do with this?
[02:45:57] Yes, ma'am. That is the reason this
[02:45:59] petition is filed. I It is my submission
[02:46:02] because this petitioner is a a man and
[02:46:05] agent of this Nasi Rosen and this type
[02:46:08] of petition is filing. What in regard to
[02:46:12] this particular public interest
[02:46:14] litigation?
[02:46:37] I am the respondent number 10.
[02:46:41] Huh?
[02:46:41] No, your lordship. We are
[02:46:43] how how did you this? You have a problem
[02:46:46] with Iran.
[02:46:47] No, your lordship.
[02:46:48] You have a problem with Imran now to you
[02:46:52] have filed another petition. Now
[02:46:55] impleading Iran.
[02:46:57] Your lordship. This is just a coincident
[02:46:59] that I am handling that same advocate is
[02:47:02] there because on large occasion but the
[02:47:04] petitioner is different
[02:47:06] cost on it.
[02:47:07] How much cost do we pay you decide
[02:47:09] during the
[02:47:11] fee?
[02:47:12] We are going to impose cost upon you
[02:47:15] decide how long how much will you take?
[02:47:19] We are coming back.
[03:40:13] Yes, your lordship. Uh I'm praying for a
[03:40:16] short assorturement because I have
[03:40:17] received this brief from my junior at
[03:40:19] Har three brief your lordship. I don't
[03:40:21] know whether they are agent or not. We
[03:40:24] can file the affidavit after getting the
[03:40:26] instruction from my client.
[03:40:27] Withdraw file with better particular
[03:40:29] your lordship. I can withdraw your
[03:40:30] lordship
[03:40:31] on the prayer of the Turn it.
[03:41:28] 20 my lord.
[03:41:29] 18 and 19 is the same.
[03:41:34] Advocate on record is same.
[03:41:35] Advocate on record is same. Fact is also
[03:41:38] same.
[03:41:39] 18 and 19
[03:41:43] with regard to the same 18.
[03:41:46] What happened sir? It is relating to a
[03:41:48] separate subject. It is not relating to
[03:41:50] this of
[03:41:55] Irish.
[03:41:57] Item number item item number 20 me I
[03:42:00] appear on behalf of the petitioner me
[03:42:03] Mr. Vikasan Bhachara is leading me in
[03:42:05] this matter. Therefore, my I seek one
[03:42:07] week of adjunment
[03:42:12] appearing for the first time.
[03:42:13] My I am appearing on behalf of the port
[03:42:15] trust. My the land in respect of which
[03:42:18] the petitioner has filed this instant
[03:42:19] PL. It belongs to the port. My eviction
[03:42:23] order was passed. Port trust has taken
[03:42:25] over possession of the premises and
[03:42:27] thereafter milled is hasued a tender in
[03:42:30] respect of that for development of the
[03:42:33] particular subject mises
[03:42:36] I only seeking time on this matter
[03:42:38] regarding there are instructions my lord
[03:42:41] kindly give us some time my lord Mr.
[03:42:43] will argue in this matter
[03:42:46] matter it's a land port earlier it was
[03:42:51] under the possession of barn barn
[03:42:52] company now barn playground this was
[03:42:56] identified as barn playground this is a
[03:42:59] riverbed and now this land has been
[03:43:02] according to the port they have closed
[03:43:03] the gate it was earlier accessible by
[03:43:06] the public at large adjunment has been
[03:43:08] prayed for on behalf of the petition
[03:44:48] Lordship, I'm praying for the withdrawal
[03:44:49] of this repetition because I have
[03:44:50] received this repetition from my junior.
[03:44:53] This repetition also revolving about
[03:45:25] this week my lord Mr. Pes
[03:45:29] I'm praying for not this week my Mr. Pis
[03:45:31] is appear council engages m
[03:45:34] two weeks
[03:45:35] my lord one ina square my lord I would
[03:45:37] like kindly give a direction to serve a
[03:45:39] copy upon us my lord
[03:45:41] we have served my lord we have served
[03:45:43] again we will serve
[03:45:44] don't have any copies my lord this is a
[03:45:45] request that
[03:45:48] state
[03:45:50] canopy
[03:45:51] we have served my we will serve my lord
[03:46:01] service
[03:46:03] but uh it is not with me my lord but it
[03:46:06] it has been served my lord to all the
[03:46:08] parties my lord and the parties have
[03:46:10] received the petitions and the state
[03:46:12] have been served
[03:46:18] petitioners came
[03:46:22] copies copy
[03:46:25] upon all the respondent server by
[03:46:27] service the status
[03:46:30] Stop in this
[03:47:49] My lord, I'm practitioner in person.
[03:48:29] You have got copies.
[03:48:30] Yes my lord. Um uh this matter has
[03:48:33] appeared my lord. Uh my lord. Uh kindly
[03:48:36] take sab tomorrow my lord. We have got
[03:48:37] instructions from park street police
[03:48:38] station regarding this my lord. In this
[03:48:40] you have instruction.
[03:48:41] Park street police station. My lord.
[03:48:43] There was an order my lord. So there is
[03:48:45] an uh compliance report of park street
[03:48:47] police station in this matter.
[03:48:49] In in this matter.
[03:48:50] Yes. Yes my lord. Shupta. Yes m. Yes my
[03:48:53] lord.
[03:48:54] Yes my lord. I have got the judgment uh
[03:48:58] on kindly see page number 23. My lord.
[03:49:02] There is an order already passed by this
[03:49:04] court in 2022.
[03:49:06] Yes.
[03:49:07] Regarding that jump beating at the time
[03:49:08] of the mahalam festival
[03:49:11] there was an order by this court by
[03:49:13] lord. What is to be done? Contempt was
[03:49:16] taken out. I I understand the contention
[03:49:18] was taken out formal or not complying
[03:49:20] with the directions of the content
[03:49:22] application had already been disposed of
[03:49:25] once. Yes my lord after disposal of
[03:49:28] contempt petition my lord they started
[03:49:30] violation in 24 and 25 my lord just
[03:49:35] because of that I filed this uh
[03:49:37] enforcement petition
[03:49:39] well that was one of the
[03:49:40] my lord when they have seen that the my
[03:49:44] contempt application was not considered
[03:49:47] they started torturing us I mean the
[03:49:50] whole locality they were started beating
[03:49:52] drum even throughout the night
[03:49:57] 10th September 24 order is not valid
[03:50:00] before your losses court right now
[03:50:01] that's why I filed this enforcement
[03:50:07] even
[03:50:09] so what happened in the year 2025
[03:50:12] my lord 25 four and 25 both
[03:50:16] 24th you filed a contempt
[03:50:18] yes
[03:50:19] contempt order was passed police was
[03:50:22] no my lord I filed the contemptation
[03:50:25] in 24 and that was uh diso I without
[03:50:30] considering my application it was
[03:50:32] disposed of because of the police police
[03:50:35] was said that they have complied the I
[03:50:38] mean orders they complied partly not
[03:50:41] fully my lord the open air kitchen was
[03:50:44] continue and beating of drum throughout
[03:50:46] the night there was a specific direction
[03:50:49] my lord to comply
[03:50:52] to identify the uh Why didn't you come
[03:50:55] earlier? Mhm. Is on 26th. You are before
[03:50:59] us on 22nd. What steps we will take?
[03:51:03] This is a continuous violation. Yes, my
[03:51:06] lord. Yes, my lord. 25.
[03:51:08] Yes, my lord.
[03:51:09] So then you ought to have approached
[03:51:11] this earlier time.
[03:51:13] My lord, I was not
[03:51:14] just before the occasion if you come how
[03:51:16] we will be able to implement our order.
[03:51:20] your other side will be very happy
[03:51:21] because we won't be able to implement
[03:51:24] today we are on 22nd
[03:51:26] your maharam is on 26 if I'm not
[03:51:28] no my lord it's going on 10 days of
[03:51:31] maharam and 25th
[03:51:33] why didn't you point it out earlier you
[03:51:35] should have done so
[03:51:36] my lord I I I came for mentioning
[03:51:40] what disturbance is being created my
[03:51:42] lord beating out drum that show us that
[03:51:44] what was the parent order what was the
[03:51:46] direction given
[03:51:54] This order was on 2023.
[03:51:56] Yes, my lord.
[03:51:57] So, what was the direction? Show us
[03:52:15] the base.
[03:52:17] Japanese.
[03:52:19] My lord, kindly see page uh page number
[03:52:22] nine of I mean
[03:52:26] page number six of the order par 11.
[03:52:28] No 15 16 that go
[03:52:36] you for whom? Mr. I came
[03:52:55] H.
[03:53:09] Now this contempt was in connection with
[03:53:12] uh your matter and another matter.
[03:53:15] No my lord. My
[03:53:16] page 37. Page 32
[03:53:20] that 32 is
[03:53:21] Oh, versus Oh, I see. You file two
[03:53:24] contempt. One contemporary
[03:53:49] statement.
[03:53:52] I got 30.
[03:54:12] 12 and 13 notification. My lord
[03:54:32] and spirit are completed.
[03:54:43] What steps have you taken?
[03:54:44] The order has been implemented. My lord,
[03:54:46] kindly take s only.
[03:54:47] Which order has been implemented?
[03:54:49] Order of the honorable court pilot 24.
[03:54:51] Then why she will come and say that he
[03:54:53] allows you 15 minutes of pass over my
[03:54:55] lord? I'm coming with the court my 15
[03:54:56] minutes only. My lord,
[03:54:57] now this beating of drum continues.
[03:54:59] No no my lord that till the permissible
[03:55:02] level that was allowed till the
[03:55:03] permissible level at night it was
[03:55:04] stopped my lord. There was an allegation
[03:55:06] of cooking also my lord that was also
[03:55:08] stopped my lord. No my lord it happened
[03:55:10] in 24
[03:55:15] instruction to the return instruction
[03:55:28] of service tomorrow. All right.
[03:55:36] Grateful my lord
[03:55:39] I'm for the petition
[03:55:41] the instruction to appear on behalf of
[03:55:43] the respon number six the sole question
[03:55:46] instruction is copy has not been served
[03:55:47] upon the respondent number six the
[03:55:50] subject pertains to dressing
[03:55:53] completed my lord the only question
[03:55:55] which is arising in this service which
[03:55:58] is arisen in this public interest
[03:56:00] litigation perhaps it is not touching my
[03:56:02] learned friend's interest the question
[03:56:04] Is my lord whether the state authority
[03:56:08] what they are permitted to do under the
[03:56:11] minor mines and minerals act 2016
[03:56:14] directly whether they can do it in the
[03:56:16] name of grazing indirectly the question
[03:56:19] is that the west Bengal minor mineral
[03:56:22] concession
[03:56:24] he's without instruction
[03:56:26] yes I I'll give you I am also without
[03:56:28] instruction copy has not been served
[03:56:30] service that my presence is not required
[03:56:33] your authorities is received they don't
[03:56:35] give it upon receipt through the
[03:56:38] district authority I contacted till
[03:56:39] today it has not been s
[03:56:41] Monday
[03:56:44] consider my address has been recorded
[03:56:46] salt lake it appears been sent
[03:56:54] I'll give a copy to him that is not the
[03:56:57] person has been selected
[03:56:59] later I'm not on that the state had no
[03:57:02] authority at You have not got the copy.
[03:57:05] He will give you the copy. Come with the
[03:57:07] instructions.
[03:57:10] Next.
[03:57:12] It will appear tomorrow.
[03:57:13] Monday. Monday.
[03:57:15] Instead of Monday. Can it be posted on
[03:57:17] Tuesday? Monday. I have personal
[03:57:19] difficulty.
[03:57:20] Tuesday.
[03:57:22] Next Tuesday.
[03:57:26] Number 25. I appear for union of India.
[03:57:30] I am number one. Lordship I petitioner
[03:57:32] in person lordship this is the fit of
[03:57:35] service kindly kept the record
[03:57:39] in answering respondent of the state
[03:57:44] is a party state is a
[03:57:45] state and union uh
[03:57:48] union of India lordship
[03:57:51] this is the public interest litigations
[03:57:54] seek for enforcement of rule of law
[03:57:57] across the state of West Bengal lordship
[03:58:00] that you got the copy
[03:58:01] No no no my lord I'm just looking at the
[03:58:03] copy of I've served and it has
[03:58:06] but there has been a change in panel
[03:58:08] I just after changing ch panel I
[03:58:12] submitted lordship submitted to
[03:58:14] yes on on on 7th uh June lordship 17th
[03:58:18] June
[03:58:19] 17th June
[03:58:20] yes lordship I I I affirm in the fate
[03:58:24] also
[03:58:25] no no we are not saying there has been
[03:58:28] there was no engagement of the advocate
[03:58:30] in various matters.
[03:58:32] Okay.
[03:58:33] Now he has been in this court to appear
[03:58:36] on behalf of the state.
[03:58:37] Okay.
[03:58:38] You have an extra copy.
[03:58:40] No worship at present. I have not but I
[03:58:42] can circulate through email and give you
[03:58:45] you serve it upon him. Come back on next
[03:58:48] Wednesday.
[03:58:48] This is very important. The this is very
[03:58:51] important issue. ship the ongoing egg
[03:58:54] throwing
[03:58:56] the the the concept of egg therapy is
[03:58:59] going on across the state of West
[03:59:00] Bengal.
[03:59:01] Uhhuh.
[03:59:02] A concept of egg therapy is going on
[03:59:06] upon the
[03:59:10] lash. This is a very very important
[03:59:11] leadership even it is h happening today
[03:59:14] also just few hours hours ago in
[03:59:16] Takashan it is happen a group of persons
[03:59:20] throwing egg upon the public
[03:59:21] representative it may be formal public
[03:59:24] representative or present public
[03:59:25] representative and it is happening in
[03:59:28] front of the police within the premises
[03:59:31] of the court within the premises of the
[03:59:33] police stations and police is totally
[03:59:36] inactive lordship I I will show lordship
[03:59:39] this is Please I
[03:59:46] my lord let me take instruction and come
[03:59:47] back.
[03:59:48] What instruction the they are continuing
[03:59:50] this this is going on
[03:59:52] my lord specific incident is has to be
[03:59:54] there. This is definitely lash go
[03:59:56] through it. I will take
[03:59:58] how can I submit anything
[03:59:59] day after tomorrow
[04:00:02] day after tomorrow.
[04:00:02] You just me the copy right now.
[04:00:04] Please give a copy to
[04:00:07] send email.
[04:00:09] Send give me a copy right now. Okay.
[04:00:22] Mr. MRO in all the matters you are
[04:00:24] appearing we want you to come with
[04:00:26] written instruction.
[04:00:28] Yes. Yes ma'am. All matter in last
[04:00:29] matter my lord I was served with the
[04:00:31] instruction I just but I have no this is
[04:00:34] we are telling it to you because again
[04:00:36] on the next day no no
[04:00:38] in the matters which we have been served
[04:00:40] with the copy. My lord, I'm coming
[04:00:41] prepared with the instructions. My
[04:00:42] yes
[04:00:47] 26 for the
[04:00:51] I'm for responding number 13.
[04:00:56] Same problem here.
[04:01:03] I appear
[04:01:07] has anything to do. Yes my lord sir.
[04:01:11] What happened in this case?
[04:01:13] What your instruction?
[04:01:14] Yes. Yes.
[04:01:15] What your instruction?
[04:01:16] Yes. Now you pay for the respondent
[04:01:17] number 12.
[04:01:18] Uh from the police authorities my lord.
[04:01:20] This is really
[04:01:24] this is a case where the fund central
[04:01:26] fund has been allotted for the purpose
[04:01:28] of construction. Housing for arban poor
[04:01:31] developing
[04:01:32] for urban poor. Housing for arban poor.
[04:01:38] Urban poor
[04:01:41] so far as this plot of land is concerned
[04:01:47] construction has been made three
[04:01:50] multi-story building has been
[04:01:52] constructed on such land
[04:01:56] depriving the persons who are entitled
[04:01:59] to get those
[04:02:02] house
[04:02:03] just I just point out
[04:02:06] is 35 once.
[04:02:09] Simplest transition.
[04:02:13] H
[04:02:14] simplest transition
[04:02:30] 35. You will also find
[04:02:34] that uh this is a project called not JN
[04:02:40] Johalan Arban Rural Missions
[04:02:43] item number 35. You also find the West
[04:02:46] Bengal Kolkata BSU
[04:02:50] that that is 500 dueling units detailed
[04:02:53] project report for BSU project for canal
[04:02:56] south road West Bengal. Now
[04:02:59] sanction this is this is 3,000 lakhs the
[04:03:03] initial payment 1446.59
[04:03:07] lakhs
[04:03:09] this is a continuation of the page if
[04:03:12] page 31 once page 31
[04:03:24] this is the communation lot 5th of
[04:03:27] November 2015. It was addressed to the
[04:03:30] principal secretary housing government
[04:03:31] of West Bengal. It says on account of
[04:03:34] payment of additional central assistance
[04:03:36] for the for the submissions of the basic
[04:03:39] services to arbanur
[04:03:42] capital creations under the JNURM
[04:03:45] for the state annual plan 2015 2016
[04:03:49] adjustment. The undersign is directed to
[04:03:51] convey the sanction of the president of
[04:03:53] India to the payment of rupes 62 lakh
[04:03:55] 62,000
[04:03:57] uh to the state of Bengal being sea
[04:03:59] grant for submissions of basic services
[04:04:02] to arban capital creations another jn
[04:04:06] for the state annual the problem
[04:04:09] problem is not now k 37 p 37 37
[04:04:14] 37 37
[04:04:26] This is Lord inauguration of the project
[04:04:28] work at 33A 33 B 33 C canal south road
[04:04:33] word number 57 under BSU BS up scheme
[04:04:38] may just place it on February 2020
[04:04:42] 2014 the honorable MP such The project
[04:04:45] work act 33A 33B 33 C can South Road
[04:04:50] number 57 under BSP scheme in presence
[04:04:53] of such and such see such and such and
[04:04:56] such. Now see silent feature of the
[04:04:59] project BS basic services
[04:05:01] sir what is your G?
[04:05:02] My G is this lot this 33A 33 B and 33 C.
[04:05:07] Now on this is the land which was
[04:05:10] earmarked for for this particular
[04:05:12] project. Now what they have done the
[04:05:14] private respondent they have constructed
[04:05:16] multi-story building three project has
[04:05:18] huge project one is G plus 39 G + 33 G +
[04:05:22] 34 there's a huge project has come nowad
[04:05:25] what they have done
[04:05:26] so this these plots were this 33 A 33 B
[04:05:30] 33 C yes
[04:05:31] covered under page 31 where do we find
[04:05:35] this is a BSU scheme
[04:05:37] this 37 not 37
[04:05:40] yes no this 37 is concerned 37 lawsuit
[04:05:44] fine. The name of the project is not BS.
[04:05:47] Now site is 37 33 A 33 B 33 C South
[04:05:52] Canal South Road Kolkata 15. Number of
[04:05:56] dwelling units 500. Now project cost
[04:05:59] 4050.
[04:06:01] Now number of story five. Number of
[04:06:05] building block 25. Now implementing
[04:06:08] authority CMP KMC KMC is the
[04:06:11] implementing authority. Now
[04:06:14] your may I just
[04:06:15] so this construction has come up
[04:06:17] already.
[04:06:18] Nothing has been come. So far as this
[04:06:20] project is concerned there is no
[04:06:22] construction at all. What they have
[04:06:24] done?
[04:06:24] What is this picture at page 37? This is
[04:06:27] called
[04:06:28] this old old building. Old building you
[04:06:29] know this old building. This building
[04:06:31] was supposed to be demolished three site
[04:06:34] 33 AA 33 B and 33 C. Now so far as 33A
[04:06:37] is concerned 33A separate has been
[04:06:41] created that is 33 A by3 and 33 A by3 a
[04:06:45] public land has been encroed and
[04:06:47] construction was made kindly have a look
[04:06:50] just one page I'll show to Kindly tell
[04:06:52] me Lord we don't understand your
[04:06:54] grievance you are a public spiritated
[04:06:56] person you find that you showed us page
[04:06:59] 31 which is of 2015
[04:07:01] maybe for the reason that it is under a
[04:07:03] scheme
[04:07:04] yes
[04:07:04] for which money is being given by the
[04:07:06] center.
[04:07:07] Yes, money has been provided by the
[04:07:08] central government there come to this
[04:07:11] BSU scheme pertaining to 33A 33b 36.
[04:07:15] See now prior to that I
[04:07:17] argument that this inspire this money
[04:07:20] which has been sanctioned project cost
[04:07:22] this has been utilized by public private
[04:07:25] person.
[04:07:25] Yes. First my my first g is this that
[04:07:29] project this absolute diversification of
[04:07:32] funds number one. Number two, these
[04:07:34] three promises 33 A, 33 B and 33 C. So
[04:07:38] far as these premises, three premises is
[04:07:40] concerned the no construction was made
[04:07:44] in terms of P 37
[04:07:47] public fund has been allotted to the
[04:07:49] KMC. The KMC officials will not at the
[04:07:52] relevant point of time they have done
[04:07:54] all diversification of funds. Now
[04:07:57] ultimately will when a readition was
[04:08:01] moved before this hal code this hal code
[04:08:03] had been pleased to pass an order kind
[04:08:05] page page 811s
[04:08:15] this is the order 2nd of February 2026
[04:08:19] may just place it
[04:08:20] this is a contempt order
[04:08:22] yes this order was passed in contemp
[04:08:24] jurisdiction may Just on page 82 once
[04:08:30] this is review application review
[04:08:31] application was filed for reviewing the
[04:08:33] order may just place this order
[04:08:38] what what connection it has
[04:08:39] connection I'm just allow me to
[04:08:41] connection is not the premises number
[04:08:44] which they are saying so the court has
[04:08:46] found that premises does not exist and
[04:08:49] the report of the police is also
[04:08:50] supporting that major place is page 82
[04:08:54] the review is Part of this
[04:08:56] [clears throat] course order dated 1st
[04:08:58] of December 2025. The rival contention
[04:09:01] of the appellent vab is the KMC and the
[04:09:03] private respondent promoter with is with
[04:09:05] regard to the identification of the
[04:09:06] mincible number on the plot of land
[04:09:08] where the private respondent has claimed
[04:09:10] that he has a sanctioned plan. Mr. The
[04:09:13] to land council London advocate
[04:09:14] appearing in support of the review
[04:09:16] application submits that the fraud has
[04:09:18] been promoted on the on the court as
[04:09:20] well as a single branch where the plot
[04:09:22] of land on which the private respondent
[04:09:23] has obtained sanction was a part of the
[04:09:25] central central government housing
[04:09:27] project for the poor and downturn to the
[04:09:29] London council for the review applicant
[04:09:31] submits that there is no existence of
[04:09:33] the premier number 33 AY3 canal south
[04:09:36] road Kolkata and the respondent by
[04:09:39] manipulation of the records of the KMC
[04:09:41] have created a sanction And in respect
[04:09:43] of premises number 33 A by3 Canal South
[04:09:45] Road Kolkata under the G garb of such
[04:09:48] sanction plan an attempt is being made
[04:09:50] to encroach upon the premises number two
[04:09:53] Rashonyi Rani Rashonyi Garden
[04:09:55] [clears throat] Len Mr. Mharji Lond
[04:09:57] advocate appearing for the Tanga police
[04:09:59] station summits that despite strenous
[04:10:00] effort and inquiry from the KMC the
[04:10:03] effort said two promises could not be
[04:10:05] identified and demarketed and
[04:10:07] distinguished by the police. They also
[04:10:10] rely upon the report of the KMC and the
[04:10:12] distance between the premier number 33
[04:10:14] AY3 Canal South Road Kolkata and the
[04:10:16] premier number two Rani Rashuni Garden L
[04:10:18] cannot be assertained or measured.
[04:10:21] Another view of the KMC is that the
[04:10:22] premier number two Rani Rashi Garden
[04:10:27] one page I will show
[04:10:29] page 95.
[04:10:34] So that was also a public interest
[04:10:36] situation. No, there is a normal
[04:10:39] litigation repetition was filed
[04:10:41] challenging the encroachment 95 what has
[04:10:44] happened now page 95 you should find
[04:10:46] that in order to cover up these things
[04:10:49] what the state government will not what
[04:10:51] the
[04:10:53] state government has done kindly have a
[04:10:54] look
[04:10:54] prior there too
[04:10:56] yes to the contempt
[04:10:57] yes prior to the comp contempt will not
[04:10:59] kindly see how this land was not the
[04:11:02] records were manipulated may I just
[04:11:04] place it this is not the communication D
[04:11:07] 11th of November 2024. It is written by
[04:11:11] the for additional district magistrate
[04:11:13] and district land and landforms officer
[04:11:15] south address to adsah.
[04:11:18] It says what registration of lease deed
[04:11:22] to be executed in connection with the
[04:11:24] LTS for 99 years in favor of Spring City
[04:11:28] Built LLP measuring an area of 26 Ka 14
[04:11:32] sharak 24 ft BC building number s and
[04:11:35] such lying adjacent to 33 AY3 south
[04:11:39] Canon south road Kolkata 15 in sending
[04:11:43] her the listed for the
[04:11:44] now construction has been made now
[04:11:47] kindly see how They are Greek. Yes,
[04:11:49] construction is going on without I just
[04:11:52] what happened. They are they have
[04:11:53] purchased the land of 10 cuts. Well, I'm
[04:11:55] just giving an example. These three
[04:11:57] companies who are making construction
[04:11:59] they have purchased the land of 10
[04:12:00] katas. They are making construction
[04:12:02] about the 20 katas of land by
[04:12:04] encroaching on the basis of this on the
[04:12:07] basis of this list there is 26 katas and
[04:12:09] not subsequently which was executed on
[04:12:12] on the 10th of this letter that is 11th
[04:12:15] of 11th of November 2024 but having they
[04:12:19] are having the ownership of 10 of land
[04:12:21] I'm giving the example they are making
[04:12:23] construction
[04:12:29] documents three project kindly kindly
[04:12:32] see first project is kindly turn page 50
[04:12:36] first.
[04:12:41] So what prevented then what is page page
[04:12:44] 100
[04:12:46] this was an earlier public interest
[04:12:48] litigation.
[04:12:49] Yes earlier publication file and
[04:12:51] subsequently it was withdrawn and
[04:12:53] liberty was given to approach. So now
[04:12:56] what is your what interim order you are
[04:12:58] wanting
[04:12:58] why I'm what I have prayed can kindly
[04:13:00] see can you see my prayer
[04:13:03] this is a matter traveling from 2023
[04:13:06] onwards
[04:13:06] now kindly see can you turn page
[04:13:08] so we have to we have to understand
[04:13:11] their stand
[04:13:12] page 18 once page 18
[04:13:15] today what I am praying for lord no mi d
[04:13:19] page 81 which you showed us review
[04:13:21] application was allowed the order was
[04:13:23] recalled and all the grievances were
[04:13:25] sought to be addressed before the single
[04:13:27] judge before the concern division. What
[04:13:29] had been the effect of that after
[04:13:32] what what I am saying lot that it is the
[04:13:35] case of the KMC and the concerned police
[04:13:38] that there is no existence of 33 AY3 now
[04:13:42] they are making construction on 33 AY3
[04:13:44] now 33 AY3 will suit fine lord I have
[04:13:47] shown to you a lot page 95 page 95 there
[04:13:50] is a direction given by the additional
[04:13:52] district man and district landforms
[04:13:54] officer to the concern for the purpose
[04:13:57] of execution of the leg in respect of 26
[04:14:00] adjent to 33 A3
[04:14:02] 33 A3 there is no existence this is a
[04:14:04] report submitted by the
[04:14:07] listed pertaining to a plot adjacent
[04:14:10] 33 A by adjacent to 33 A by3 now the
[04:14:14] question is 33 A3 does not exist at all
[04:14:17] has no exist
[04:14:18] no existence
[04:14:19] so then they are raising the
[04:14:20] construction on the basis of a lease
[04:14:22] deed
[04:14:23] they so far as this construction is
[04:14:25] concerned
[04:14:25] once it becomes a lease deed question of
[04:14:28] public interest you have to it is a it
[04:14:30] is a question of imposement of right of
[04:14:34] a private individual. You know no lord
[04:14:36] kindly consider one thing today
[04:14:38] you have shown us page 95. Yes
[04:14:40] your contention if you have understood
[04:14:42] is that see here on the basis of a
[04:14:44] listed without proper description of the
[04:14:47] land saying it to be adjacent to they
[04:14:49] raising construction.
[04:14:51] What my submission before you assume?
[04:14:53] Yes.
[04:14:54] This is your argument.
[04:14:55] This is one of the argument.
[04:14:56] This construction by your submission
[04:14:58] they are proceeding on the basis of a
[04:15:00] lease deed.
[04:15:02] They are proceeding on the basis of a
[04:15:03] lease deal. How this list did were
[04:15:05] executed that is to be also looked into
[04:15:07] kindly considered the state property
[04:15:10] state largest. Can the state largest be
[04:15:13] distributed in such a way?
[04:15:14] Very good. Then you show us that this
[04:15:16] listed which this is a registration of a
[04:15:19] listed executed in favor of spring city
[04:15:22] dwell of such and such by the additional
[04:15:25] district magistrate.
[04:15:27] Yes.
[04:15:28] So if on the basis of a listed good bad
[04:15:30] indifferent a construction has come then
[04:15:33] it is a question of titular rights how
[04:15:37] can you agitate that in a public
[04:15:38] interest.
[04:15:39] No my my when there is an application
[04:15:42] pending.
[04:15:42] No so far as my my submission behind I
[04:15:47] relying on two budget that is p 35 and p
[04:15:50] 37. Super
[04:15:54] is that they are making construction
[04:15:56] encroaching Rani Raji Garden Lane
[04:15:59] to Rani Rajasi Garden number two L.
[04:16:04] Now come P 83
[04:16:07] where
[04:16:09] the KMC expressed the view that premises
[04:16:12] number
[04:16:14] has no existence in the eye of law.
[04:16:18] Yes.
[04:16:20] KMC expressed
[04:16:24] by
[04:16:26] next paragraph four is also important.
[04:16:29] Paragraph four says London advocate
[04:16:31] apping for the Tanga police station
[04:16:32] submits the despise strenuous effort and
[04:16:34] inquiry from the KMC. Therefore said two
[04:16:36] premises could not be identified and
[04:16:38] demarketed and distinguished by the
[04:16:40] police. Next the they also rely on the
[04:16:43] report of the KMC. The distance between
[04:16:45] the premises number 33 ax3 canal south
[04:16:48] road Kolkata and the premis number two
[04:16:50] such and such cannot be assertained and
[04:16:53] or measured. Two premises to what
[04:16:57] happened
[04:16:57] had been the fate of the appeal thereof
[04:17:01] it was relegated to the repetition is
[04:17:02] pending so far as appeal court is
[04:17:04] concerned. So the read petition squarely
[04:17:08] squarely is on the issue of that
[04:17:10] read petition is on different issue. I
[04:17:12] am today
[04:17:12] different issue it involves these two
[04:17:14] premises which you arguing.
[04:17:15] No I am what I am on before what I am on
[04:17:18] what I am on today the central fund has
[04:17:22] been allotted for the purpose of
[04:17:23] construction of I have shown to pay 37.
[04:17:26] So that is for the rich petitioner.
[04:17:28] No no it has no connection with the rich
[04:17:30] petition. Petition
[04:17:31] this order have you challenged? No no no
[04:17:34] coming in a public interest litigation
[04:17:36] public interest then there is an
[04:17:37] existing petition pertaining to the same
[04:17:40] property
[04:17:40] existing repetition filed by some land
[04:17:42] owners claiming that encroachment had
[04:17:44] been made by the developers
[04:17:46] encroachment of which land
[04:17:48] encroachment of their respective lands
[04:17:51] by repetitioners land but that
[04:17:53] repetition is pending before the
[04:17:55] honorable court but so far as this
[04:17:56] public interest litigation is concerned
[04:17:58] I am submitting lot the fund was
[04:18:00] allotted by the central government of
[04:18:02] the state government and there was a
[04:18:03] project not undertaking by the KNC for
[04:18:05] the purpose of making making
[04:18:07] construction of 500 units
[04:18:09] that does not demarcate that where the
[04:18:11] construction is to be raised
[04:18:14] 37 the three A 33B and 33 C this P 37
[04:18:19] clears now where is I'm asking the
[04:18:21] question to myself if such fund was
[04:18:23] allowed where is that construction and
[04:18:26] how that construction was made and how
[04:18:28] these persons are making construction
[04:18:30] over a land more than the land purchased
[04:18:33] by them. Somebody has purchased 20 kat
[04:18:36] of land. They making construction 40 kat
[04:18:37] of land.
[04:18:38] You have expose the cause of public of
[04:18:40] that locality.
[04:18:41] Yes. Lord,
[04:18:42] you are the according to him. You are
[04:18:46] you are a group since one lane is being
[04:18:49] encroached upon by according to while
[04:18:52] making construction. What is the one
[04:18:55] premises?
[04:18:56] No no no perhaps I am not clear. I am
[04:18:58] agreed as because fund was allotted for
[04:19:01] the purpose of constructing 500 dwelling
[04:19:04] units. There is a fund for 4050 lakhs
[04:19:08] that is 40 crores. Now why where that 40
[04:19:11] crores gone? I am just exposing that
[04:19:14] cause nothing more nothing less. But if
[04:19:16] somebody raising construction the state
[04:19:19] government has to see whether the
[04:19:20] construction is being made on public
[04:19:21] land or not. But whereas this fund is
[04:19:23] concerned, that fund was allotted by the
[04:19:25] central government to the state
[04:19:27] government and the KMC was the
[04:19:28] implementing authority that where that
[04:19:30] fund gone. I am not saying anything
[04:19:33] else. Let this project let let there be
[04:19:36] a report filed by the state.
[04:19:37] But this is pertaining to 33A
[04:19:40] 33A 33 and 33 C.
[04:19:42] Your grievance is that the construction
[04:19:44] which has been made is encroaching upon
[04:19:46] two Ramani Rashmi road. Now two Rani
[04:19:51] Rashi road two Rani Rashi road they are
[04:19:54] saying two Rani Rashi
[04:19:55] they have not been able to make out a
[04:19:57] case for our initially you are trying to
[04:20:01] impress upon you that one public lane or
[04:20:04] public land is going to be encroach upon
[04:20:06] by them while making this construction
[04:20:09] now you are saying that there to give
[04:20:12] answer how they are
[04:20:14] of 41
[04:20:15] I I have a I have twofold events twofold
[04:20:18] Given first given is P 37 that is 40
[04:20:21] crores was allotted by the central
[04:20:23] government to the state government or
[04:20:24] the KMC for the purpose of making
[04:20:26] construction of 500 dwelling units.
[04:20:27] Second given is this the three private
[04:20:30] respondents are raising construction
[04:20:32] over the land more than the land
[04:20:34] purchased by them by them not
[04:20:36] encroaching the public land.
[04:20:38] Have a look at P 75 once
[04:20:40] that is a subject matter in the in the
[04:20:43] petition which
[04:20:44] so far as subject matter of the
[04:20:45] repetition is concerned that some
[04:20:46] individuals have come and some
[04:20:48] individuals are saying that
[04:20:49] in that that central fund issue may not
[04:20:52] have been there but now you are adding
[04:20:54] color to the issue. Now central fund has
[04:20:57] been in
[04:20:57] this genuine cause appreciate this fund
[04:21:00] were alled this apparent from the
[04:21:02] records itself. Let them file evidenc
[04:21:06] only one thing. Let there be inquiry to
[04:21:09] only only one thing. May I just kind
[04:21:12] page 20s.
[04:21:14] Page 20.
[04:21:15] Page 20. Prayer. C.
[04:21:21] A read in the nature of manamas
[04:21:23] commanding the respondents to conduct an
[04:21:24] independent and time bound inquiry
[04:21:26] through the appropriate agency into the
[04:21:27] allegations relating to diversion of
[04:21:29] land earmarked for the social housing
[04:21:30] and encroachment upon the public land.
[04:21:32] and unauthorized construction and misuse
[04:21:34] of public fund under the JN URM scheme
[04:21:37] and the role of the public officials and
[04:21:38] private persons involved there in and
[04:21:40] the place the inquiry report before this
[04:21:41] one court at least let there be some
[04:21:43] inquiry to that effect and let the
[04:21:45] report be placed before your worship at
[04:21:47] least let us see how this 40 crores gone
[04:21:50] how this persons are making construction
[04:21:53] on the public land these things let
[04:21:55] these things come before your ships
[04:22:11] May I assist you? I'm appearing for one
[04:22:13] of the respondents in the repetition.
[04:22:15] First, who is for the corporation?
[04:22:18] Who is for KMC?
[04:22:21] Your KMC? No.
[04:22:26] No. No. Any KMC? KMC is required now.
[04:22:29] Yes.
[04:22:30] Yes. You
[04:22:31] your KMC?
[04:22:32] No, no,
[04:22:32] no, no. KMC 13 and 14.
[04:22:35] You are for
[04:22:36] private respondent 13 and 14. Mother,
[04:22:38] you are for 13 and 14. Mr. Bhaj is for
[04:22:42] No, I am for the poor landlord.
[04:22:44] Respondent number 12.
[04:22:45] Poor landlord.
[04:22:46] Oh, the promoter. And you are for
[04:22:49] number 15.
[04:22:53] Who is also promoter? No, I am the one
[04:22:56] of the land owner whose retition is
[04:22:58] pending. At my instance, retition has
[04:23:00] been initiated. Kindly have a look at
[04:23:02] page 75 once.
[04:23:08] KMC is the KMC
[04:23:16] which is conted
[04:23:20] to submit.
[04:23:22] I will disclose how the stand has been
[04:23:25] taken by the Kolkata Municipal
[04:23:27] Corporation time and again. May
[04:23:29] this is a wellated plan.
[04:23:32] A fund has been siphoned up.
[04:24:04] There is a procedure authority
[04:24:07] construction going on.
[04:24:09] Yes ma'am.
[04:24:11] Construction is going on.
[04:24:13] Kindly have a look at page 75.
[04:24:19] KMC have you served
[04:24:22] service?
[04:24:29] Yes.
[04:24:30] who appears for games.
[04:24:33] In the previous rounds, Mr. Gosh used to
[04:24:35] Mr.
[04:24:37] He was just now here.
[04:24:39] Yes.
[04:24:42] May I indicate to your lordship
[04:24:43] something?
[04:24:44] I could indicate we want to hear the KMC
[04:24:49] that before that it's my duty to point
[04:24:51] out to your lordship exactly what is
[04:24:54] falling from your lordship. Exactly what
[04:24:56] is falling from your lordship that the
[04:24:58] subject matter involved in the present
[04:25:00] public interest litigation at the
[04:25:02] instance of an advocate who stays in
[04:25:04] Shunarpur and who is Milard
[04:25:08] trying to intercept into an affairs
[04:25:10] Milard which is in Blehata area number
[04:25:13] one assuming Milard he has a right.
[04:25:15] Second thing is not the previous round
[04:25:17] of repetition which was withdrawn page
[04:25:20] 100 it was withdrawn in that the matter
[04:25:24] was taken up previously
[04:25:27] and not this honorable court
[04:25:30] that is annexed here. No, that is the
[04:25:31] withdrawal order.
[04:25:33] The honorable the chief justice you know
[04:25:35] this was the order made in that
[04:25:37] proceeding. Lord ship sees the WPA
[04:25:39] number 92
[04:25:45] please see
[04:25:48] there are first order is 12th of March
[04:25:52] with no no with liberty is all right but
[04:25:55] not the honorable the chief justice kept
[04:25:58] this question open kindly then order
[04:26:01] dated 23rd of March in that proceeding
[04:26:06] what has happened sir Kindly see
[04:26:08] paragraph three. Kindly see paragraph 3
[04:26:10] of 23rd March.
[04:26:12] There's an implement
[04:26:13] implement application where he has said
[04:26:16] my learned friend will not he has said
[04:26:18] that there's a substantive repetition
[04:26:21] 26574 of 2024 which is pending
[04:26:24] consideration before the learned single
[04:26:25] dart. The relief claimed in this bill
[04:26:27] and in the repetition has similarity.
[04:26:30] Thus he may be permitted to participate
[04:26:32] then we not kindly see paragraph five.
[04:26:34] Thus we deem it proper to direct the
[04:26:36] learned council for the applicant who
[04:26:39] has filed can one to file copies of both
[04:26:41] the repetition along with anurious
[04:26:43] before the next date of hearing so that
[04:26:45] we will examine as to whether this bill
[04:26:47] can be entertained or whether those
[04:26:50] petitions to be decided by the learned
[04:26:51] single judge will serve the purpose.
[04:26:53] This question will not when THE MATTER
[04:26:56] THEREAFTER TRAVELED TO THE HONORABLE
[04:26:57] division bench presided over by the
[04:26:59] honorable the chief justice not the
[04:27:00] matter was simply withdrawn with liberty
[04:27:03] not this question not qu this property
[04:27:07] in dispute not he has annexed the review
[04:27:10] order made arising out of a contempt
[04:27:13] order what he has not annexed I'm
[04:27:14] showing you a lot the entire bunch of
[04:27:17] orders arising in the mat in the
[04:27:20] original mat the original mat came to
[04:27:22] have been disposed of came to have been
[04:27:25] passed not by the division bench
[04:27:27] precided over by justice.
[04:27:28] In the read petition he is a party
[04:27:30] in the petition he he is a he advocate
[04:27:35] he has got no interest apparently
[04:27:39] apart from milard being a medals of
[04:27:41] mental law if I may say so with respect.
[04:27:44] He is no one. He is an advocate by
[04:27:48] PROFESSION AND HE WANTS TO may not
[04:27:50] suddenly prop up from nowhere and with
[04:27:53] this sort of readings when the
[04:27:54] repetitions are coming up tomorrow. It
[04:27:57] is coming up tomorrow before the
[04:27:58] honorable single judge. Both the
[04:28:00] repetitions after this
[04:28:02] you said that he wanted to be impleeded
[04:28:04] as a party. He intended.
[04:28:08] I'm sorry. I'm sorry.
[04:28:10] I'm sorry.
[04:28:12] She is posing some question to me. this
[04:28:14] uh which you showed us. He made an
[04:28:17] application.
[04:28:17] He my learned friend made an application
[04:28:20] in previous public interest.
[04:28:22] He made an application as a party
[04:28:24] respondent.
[04:28:25] He made an application on the basis of
[04:28:29] which that application has not been
[04:28:30] disposed of. direction was given to give
[04:28:33] all the documents so that can this
[04:28:37] should not be even enter
[04:28:43] having noted the submission made on
[04:28:45] behalf of the respective parties we are
[04:28:47] of the view that presence of repentative
[04:28:49] of k is necessary for effective
[04:28:54] stop
[04:28:55] how today is unre
[04:28:58] in view of this we request mr supposed
[04:29:01] to appear in this matter to represent
[04:29:03] the KMC
[04:29:05] KMC stop let the engagement of Mr.
[04:29:09] along with the junior officer
[04:29:15] is directed to serving now
[04:29:18] as a copy of the copy of the handed over
[04:29:34] on July Mr.
[04:29:36] Third July
[04:29:39] instruction in the mid is kindly keeping
[04:29:42] it on third July
[04:29:44] first July are we coming on are we
[04:29:47] coming on
[04:29:48] Wednesday
[04:29:52] only thing is not I intend to just show
[04:29:55] you
[04:29:57] on first
[04:29:59] the mattes tomorrow is coming up before
[04:30:02] the honorable single
[04:30:03] reserve your energy on first for
[04:30:06] But they did not they have merily but
[04:30:09] what they have done is from the
[04:30:11] compilation.
[04:30:12] Yes I have the compilation ready.
[04:30:37] Item number 46.
[04:30:49] I should tender apology before this
[04:30:51] bench. There was a query from the court.
[04:30:54] I without academic I said probably this
[04:30:57] is going on ultimately appears to me now
[04:30:59] it has not been the new age is here I am
[04:31:04] also have a talk with
[04:31:20] [laughter]
[04:31:35] Oh,
[04:31:38] you [laughter]
[04:31:40] as well.
[04:32:14] No, no.
[04:32:33] Yes m
[04:32:38] so I cannot exercise my right un is sent
[04:32:41] to me has not been formally sent to me
[04:32:44] my lord what I understand my lord I
[04:32:47] really did not get much time to my lord
[04:32:49] get acquainted with all the facts but my
[04:32:51] lord I will tell you lord sh my lord
[04:32:55] appointment of 14,000 and odd myord
[04:32:58] candidates were to be given my lord I
[04:33:00] understand everything was done excepting
[04:33:02] my lord 1482 odd
[04:33:06] candidates now the difficulty I'm told
[04:33:09] is my lord that there is mispatch there
[04:33:12] are four categories
[04:33:14] now my lord they are not fitting in my
[04:33:16] in categories the who are available
[04:33:20] my lord that is the difficulty which is
[04:33:22] being faced and that is why my lord a
[04:33:24] can was also made which is pending
[04:33:26] before this code the can is not with yes
[04:33:30] an application I won't say can an
[04:33:33] application was made which is pending
[04:33:35] before this code I will tell you
[04:33:37] lordship my lord I'm told that my there
[04:33:40] are basically four categories
[04:33:43] my lord the categories are my lord on
[04:33:46] advocate general Do you want to rearview
[04:33:48] the matter because you were not there?
[04:33:51] No.
[04:33:51] Your secretary came and said that this
[04:33:53] mismatching is being removed. We we
[04:33:56] believed. We again believed. We again
[04:33:58] believed.
[04:33:58] Mismatching has been removed.
[04:34:00] Yes.
[04:34:02] Your junior appeared. He said that next
[04:34:04] day I will see that it starts. Why you
[04:34:07] are misleading us this? If you want to
[04:34:10] your advocate general because in this
[04:34:12] matter previous advocate general
[04:34:14] appeared a review what was the diff your
[04:34:18] secretary seems to be standing in the
[04:34:20] way he told us that there is a question
[04:34:23] on the adjustment on the basis of ACST
[04:34:26] categories who is he to decide when
[04:34:28] court has said that you do it
[04:34:32] Mr. Advocate General kindly observe how
[04:34:34] we have been kept on the tide there. He
[04:34:37] is taking us for a ride every day
[04:34:39] adjournment every day advocate general
[04:34:42] will appear this conduct Mr. Advocate
[04:34:44] general from a secretary it is not
[04:34:46] acceptable we will immediately
[04:34:48] incorporate appropriate structure in his
[04:34:51] ACR he's taking the court for a right
[04:34:54] Mr. This why I tell you why I tell you
[04:34:57] because this matter advocate general had
[04:34:59] started from from I'm telling you August
[04:35:03] 2024 appears
[04:35:05] August thereafter there was a Mr. Kish
[04:35:09] appeared
[04:35:10] yes
[04:35:10] this was earlier represented by Mr.
[04:35:15] by
[04:35:16] original one
[04:35:18] so when we said that you give
[04:35:19] appointment to this commission came and
[04:35:22] said that yes we are agreeable to listen
[04:35:24] to your order but who will remove this
[04:35:27] mismatch
[04:35:28] then a suggestion was given to us that
[04:35:32] this mismatch will not will not result
[04:35:36] in
[04:35:37] subtraction of vacancies of any future
[04:35:40] selection
[04:35:41] if a vacancy
[04:35:44] Yes. Yes, that is SC
[04:35:47] but it is male category. This mismatch
[04:35:50] occurs. We will take a male category
[04:35:52] from the future selection process if so
[04:35:55] and we will transfer this vacancy to
[04:35:57] that person.
[04:35:58] We were reluctant. We were reluctant at
[04:36:01] that how can you do this? Is it
[04:36:03] possible?
[04:36:05] Advocate General appeared and said that
[04:36:07] my lord you your lordship kindly
[04:36:09] incorporate a line today that because we
[04:36:12] will be facing litigation certainly if
[04:36:14] there's if there is readjustment of
[04:36:16] vacancies advocates are very fairly
[04:36:18] submitted that if you make appropriate
[04:36:21] observations we will continue with this
[04:36:24] Mr. Mitro we went to the extent of
[04:36:27] making that observation though we were
[04:36:29] initially very reluctant to do so
[04:36:38] Mr. Basu submits
[04:36:40] the order 21st of May he's taking this
[04:36:44] court for a ride Mr.
[04:36:46] and no restriction towards adjustment
[04:36:49] has been clear no fresh selection no
[04:36:53] vacancy has been in the set conspectors
[04:36:56] would not affect any future selection
[04:36:58] process we direct
[04:37:00] and Mr. Churi I tell you you appeared on
[04:37:02] that date in hotest that also we
[04:37:05] understood but you came and said Mr.
[04:37:08] Mitro was not there at that time you
[04:37:10] said that I will come next day and I
[04:37:12] will see it is done
[04:37:14] now Mr. I tell you another thing this
[04:37:17] mismatching dispute was over. So the
[04:37:20] advocate general said whether oh this
[04:37:22] observation is made all right I am
[04:37:24] proceeding I will send a letter to the
[04:37:26] commission he will send a letter to the
[04:37:29] commission and then commission will call
[04:37:31] these persons they are vagabonds they
[04:37:33] are waiting for two years
[04:37:34] no no definitely not they should not
[04:37:37] this is this is it is sitting on the
[04:37:39] head of the court Mr.
[04:37:42] My lord, I
[04:37:42] you are a respected person. We called
[04:37:45] you. You said you are new. This episode
[04:37:48] I presume I presume my lord that
[04:38:01] Thanks to my brother dispute was
[04:38:03] requirement was 1241
[04:38:08] 1441 mismatch
[04:38:10] government went into the records a
[04:38:13] question was read that my lord you are
[04:38:15] saying adjust the vacancies then we have
[04:38:18] to obtain sanction from SC and ST
[04:38:20] conversion how can you do that we are
[04:38:23] creating problems now so we said all
[04:38:25] right what is the present state of
[04:38:27] affairs then they said that 12 41 is the
[04:38:31] total. We have adjusted
[04:38:34] 171
[04:38:36] not total 11 171 then we said then it's
[04:38:40] okay if it is 12 41 if 177 is free from
[04:38:46] every dispute we are giving with this
[04:38:48] protection for adj mismatching
[04:38:50] adjustment this will not affect the
[04:38:53] future selection process you please
[04:38:55] continue with 117 Mr. doctor appeared.
[04:38:58] Now we said that Mr. Doto Mr. Basu was
[04:39:01] there he said that later communication
[04:39:03] come to us we will commence the
[04:39:05] counseling now we why did we agree
[04:39:08] because Mr. Mitro you have seen suppose
[04:39:10] 100 poster called for counseling maybe
[04:39:13] absent is there always
[04:39:14] 15 candidates will not appear then we
[04:39:16] thought then this problem may be cartel
[04:39:19] down and may maybe the dispute will be
[04:39:22] in return to 10 candidates we will
[04:39:24] consider but this Mr.
[04:39:26] We must have there is a limit to
[04:39:29] consideration then let the we we are so
[04:39:32] respectable to the secretary we said oh
[04:39:34] you are a high officer you have to come
[04:39:36] to court no be there online
[04:39:40] be there online you don't have to come
[04:39:43] and he is online
[04:39:46] no very well
[04:39:48] we we are really I don't I
[04:39:50] if you are if you are not Mr. Nitro if
[04:39:54] you are not not satisfied with our order
[04:39:57] go to the Supreme Court.
[04:39:59] Secretary could have made made a note to
[04:40:01] that effect. He said that if you can you
[04:40:04] can say you come and say that this will
[04:40:07] not affect future selection process
[04:40:09] state will be safe naturally because
[04:40:11] state tomorrow there may be a
[04:40:13] litigation. How you are taking away
[04:40:14] vacancy from this selection process
[04:40:16] because under the rules Mr. Ro you also
[04:40:19] know that if the vacancies are not
[04:40:21] filled up it will be carried forward in
[04:40:23] the next election process
[04:40:26] and only thing is
[04:40:29] we are we are certainly we can express
[04:40:32] to Mr. Mr. the highest officer of the
[04:40:35] state if your secretary acts in this
[04:40:38] fashion that I will stand in the way I
[04:40:40] will see how the court implements it
[04:40:43] order
[04:40:45] he's standing in
[04:40:46] I I do not want to justify my I do not
[04:40:49] want to justify only thing is my uh
[04:40:52] possibly if your lordship sir please to
[04:40:54] look into the order the order of 4th of
[04:40:58] September once ballot
[04:41:16] No Mr. Mitro
[04:41:19] there had been three learned advocate
[04:41:21] generals appearing
[04:41:22] if now if you want to read the matter
[04:41:25] Mr. through
[04:41:27] or my I do not want to my lord. Kindly
[04:41:30] bear with me my lord. I do not your
[04:41:31] lordships know me my lord for some time.
[04:41:33] I know you. Why should we unnecessarily
[04:41:37] embarrass you?
[04:41:38] I do not want to my lord. Kindly once be
[04:41:41] here.
[04:41:41] Yes I have told him to be here. He is
[04:41:44] busy person my lord. He difficult to
[04:41:47] keep him at one place.
[04:41:48] What is the impression given to the
[04:41:50] litigant public of the court? This court
[04:41:53] is helpless sitting there a secretary is
[04:41:56] will be able to control this
[04:41:58] that is
[04:41:59] five years Mr. Mitro it is continuing
[04:42:02] for a person is standing in the queue
[04:42:04] when the vacancy will come and I can go
[04:42:06] for interview
[04:42:07] valid
[04:42:08] does your secretary realize that
[04:42:10] lordship lordship should kindly once
[04:42:11] look into the order of 4th of September
[04:42:13] valid once
[04:42:14] we we will look into because if Mr.
[04:42:17] You say that it has to be good. It
[04:42:19] cannot be
[04:42:21] I do not want to order at your request
[04:42:25] at your inance
[04:42:26] kindly once facing difficulty since
[04:42:30] there are some mismatch. So give us some
[04:42:32] handle so that we can we can give that
[04:42:35] list before
[04:42:39] passing order in contemp proceedings one
[04:42:41] court generally does not pass such
[04:42:43] order.
[04:42:45] Kindly once come to the third page that
[04:42:48] is the portion where meot the
[04:42:50] clarification comes in. Melot kindly
[04:42:52] come to the second paragraph.
[04:42:55] Yes.
[04:42:55] In the state conspicuous and as such
[04:42:58] adjustment of vacancies would not affect
[04:43:01] any future selection process.
[04:43:03] We direct the commission.
[04:43:05] We direct the commission as well as the
[04:43:07] state authorities to take all follow-up
[04:43:09] steps. Me this is possibly valid. This
[04:43:12] is what they ballot. My instruction was
[04:43:14] that my lord in future milert today
[04:43:18] there are say about 100 vacancies. Now
[04:43:21] they have to take out my lord maybe 10
[04:43:23] vacancies out of that.
[04:43:26] That is why my lord they are saying that
[04:43:29] this should really create
[04:43:31] a dent in the future vacancies.
[04:43:35] You have to read the total order then
[04:43:37] mr.
[04:43:41] Right. May I do one thing mallet?
[04:43:44] He will the secretary will again Mr.
[04:43:46] Mithro he has the audacity now that
[04:43:50] please the advocate general tell the
[04:43:52] court 4th September what the court
[04:43:54] no 4th September Mr.
[04:43:57] September order this was passed Mr.
[04:43:59] Mithro in the set conspectors we said
[04:44:02] Mr. Churi Mr. Churri showed it to me my
[04:44:04] lord it was not by the second
[04:44:06] no it is not Mr. Churi somebody is
[04:44:08] standing behind. No, no, no.
[04:44:10] He doesn't want He doesn't want the
[04:44:12] court's order to
[04:44:13] I will ensure I will ensure Bard I take
[04:44:15] it upon myself Bad I will ensure.
[04:44:17] He respected him. He's a senior officer.
[04:44:20] It seems we respected him but this is
[04:44:22] going too much. You go to the Supreme
[04:44:24] Court and set aside this order. Set
[04:44:26] aside the order if he's so interested
[04:44:29] that his English language infirmities
[04:44:32] his secretary will point out. No no no
[04:44:34] no no
[04:44:36] as I said valad
[04:44:38] he is very adamant he wants to see that
[04:44:40] I will stand I will see how the order is
[04:44:42] implemented Mr.
[04:44:44] This there must be a limit to our
[04:44:46] patience.
[04:44:47] Can I can I do one thing? Can I do one
[04:44:49] thing my lord? Can I have one more
[04:44:50] week's time my lord and I can my lord
[04:44:53] try to my lord I run out everything.
[04:44:55] Mr. Vitro you're a respectable person.
[04:44:57] You are the advocate general. You tell
[04:44:59] us you take two months that is not
[04:45:03] there. Mr. Bhaji insisted that you all
[04:45:06] right you continue with the order. We
[04:45:08] told him that you don't proceed. We want
[04:45:10] these persons to at least
[04:45:12] Yes. Absolutely. Absolutely.
[04:45:14] And all our senior comes if the
[04:45:16] secretary now comes and says Mr. Mitro
[04:45:19] that Mr. Mitro kindly show the code
[04:45:21] paragraph number such and such and see
[04:45:23] what is this this is
[04:45:26] Mr. Vitro this is
[04:45:27] lordship would believe me my lord fourth
[04:45:29] September was shown by Mr.
[04:45:32] My fault is I'll tell you lordship
[04:45:44] give me one minute your lordship knows I
[04:45:46] appear you should have told me
[04:45:49] no that's yes your lordship is right
[04:45:51] I'll tell you lordship I told them that
[04:45:53] you have to do this they raised an issue
[04:45:56] and that is cleared by the 4th September
[04:45:59] order I went through the records and it
[04:46:02] It hasn't been done apparently it seems
[04:46:04] today now I am out
[04:46:05] you will not issue the letter
[04:46:06] my fault is me lord that I did not go
[04:46:08] and sit with Mr. Mitro which I will do
[04:46:11] today please keep it tomorrow I will
[04:46:14] explain to Mr. Mitru he will not be
[04:46:16] appre
[04:46:18] he will s the secretary he will ask him
[04:46:20] or now the secretary will give an
[04:46:22] official note I will want to file SLP
[04:46:25] against that what will Mr.
[04:46:27] There has to be to be done now.
[04:46:29] It has to there has to be some sort of
[04:46:31] confidence between the bar and the bank
[04:46:34] three advocate generals appear
[04:46:36] but
[04:46:38] my advocate general I will not go and
[04:46:40] assist today.
[04:46:41] He understood that it is not possible
[04:46:43] for Mr. Mitro to immediately take up the
[04:46:46] matter. So
[04:46:47] I was similarly misled on the first day
[04:46:49] your lordship pointed out that have you
[04:46:51] read this order? I said I'm sorry I
[04:46:53] haven't. When I went back and read the
[04:46:55] order,
[04:46:56] you are very senior council. We do not
[04:46:58] we are expressing our helplessness.
[04:47:01] Somebody is testing our patience. We
[04:47:03] thought that if we mark a single line
[04:47:06] that you incorporate this in this ACR of
[04:47:09] this person, then we will find
[04:47:12] kindly give me a week's time. I will try
[04:47:15] to ballot and I think I will be in a
[04:47:17] position to ballot.
[04:47:21] By now I have read the records. I will
[04:47:25] now tell you
[04:47:28] secretary [clears throat] will take what
[04:47:29] point the secretary will take the
[04:47:32] secretary will now take a point that Mr.
[04:47:35] Mitro within this 1241 there are certain
[04:47:39] SCST vacancies
[04:47:41] now this conversion for this as you know
[04:47:44] Mr. MRO under the conversion the
[04:47:46] directory has to be approached that we
[04:47:48] don't have suitable candidates you
[04:47:50] convert it to ST then only we can do so
[04:47:55] but we said that it is 1 to 41 is the
[04:47:58] total
[04:47:59] 171 you have already got then you
[04:48:02] proceed with 1177
[04:48:04] which will exclude this conversion issue
[04:48:07] which will exclude this conversion issue
[04:48:09] if it is done because somebody will be
[04:48:11] absent maximum
[04:48:14] Mr. Mitro they are testing our this this
[04:48:16] officer sir because now the situation is
[04:48:19] commission chairman not there commission
[04:48:22] secretary not there
[04:48:24] and he will now come and tell Mr. Mithro
[04:48:26] that I am not the implementing let him
[04:48:29] you send the letter sir 1171 you this
[04:48:32] was understood Mr.
[04:48:35] Mr. Churi was there
[04:48:36] yes I I have tried my best
[04:48:38] Mr. Churi and Mr. Basu said that Mr.
[04:48:41] Churi then please give us a letter
[04:48:43] because that is the last order by
[04:48:48] Mr. Ro, you are our officer. Definitely
[04:48:52] the secretary. If the secretary thinks
[04:48:55] that I will take the court for a ride,
[04:48:58] then I am the I am the officer of the
[04:49:01] court first and then anything else.
[04:49:03] Anything else?
[04:49:05] He appears to be veryious.
[04:49:07] He has the constitutional authority to
[04:49:10] for the stage not of the government.
[04:49:12] Therefore,
[04:49:13] he has a larger responsibility. He
[04:49:15] appears to be very I will see how the
[04:49:18] court goes
[04:49:19] kindly mad give me a week's time I'll
[04:49:21] try to sort it out.
[04:49:23] Mr. Mitro you please tell your officer
[04:49:25] if whatever we will hear if he agrees or
[04:49:28] not we do not know he he may be having
[04:49:30] his problems but we will then take up
[04:49:33] the content
[04:49:34] we will then take up to avoid this we
[04:49:38] did this Mr. to avoid this video we said
[04:49:41] you are a busy person be online don't
[04:49:44] come here when your officers are here
[04:49:50] we are really we we we are what should I
[04:49:53] Mr.
[04:49:54] When you are in a you are what a
[04:49:56] litigant will think about us when the
[04:50:00] advocate general appears. Oh the he will
[04:50:03] go out the courtroom and say that
[04:50:05] advocate general we have this has been
[04:50:07] said it will be done 117 let them
[04:50:12] again on this day Mr. Mitro
[04:50:16] you tell us mro
[04:50:19] we will ask Mr. that you are our
[04:50:22] officer. See the entire set of orders
[04:50:25] and take
[04:50:32] you tell us Mr.
[04:50:37] if the letter to that effect what was
[04:50:39] told to us I think that was recorded.
[04:50:42] Yes Mr. Basul Mr. Soduri assures that
[04:50:46] those identified vacancies would be
[04:50:49] immediately forwarded to the commission
[04:50:51] so that necessary follow-up steps can be
[04:50:53] taken for counseling in compliance of
[04:50:55] the order of the Mr. Basu of the
[04:50:58] commission says immediately upon receipt
[04:51:00] of the list of vacancies follow up to
[04:51:03] here it went mr
[04:51:06] now we leave it upon you Mr. So you are
[04:51:09] our officer you kindly
[04:51:17] if there had been any confusion Mr. M
[04:51:20] one thing may be troubling you that that
[04:51:22] September order we said this was said
[04:51:24] because of this reason that you do it
[04:51:26] this will not be affecting you take give
[04:51:28] the blame to the court that order was
[04:51:31] accepted thereafter it came to you we
[04:51:34] will only say Mr. MRO you are our
[04:51:36] officer please look into the problem and
[04:51:40] right
[04:51:41] you tell us when will you come Mr.
[04:51:44] Can I have one minute time
[04:51:46] I for petitioner
[04:51:48] you're trying to solve the problem Mr.
[04:51:51] I know just to remind you just to remind
[04:51:53] you one thing just to remind
[04:51:57] when Mr. Doto was the original he
[04:52:00] submitted Lord we can do it if the
[04:52:03] court's order is there.
[04:52:06] Yes yes yes kindly remember that
[04:52:09] we have that we have told Mr. with
[04:52:13] the order was passed at the instance of
[04:52:15] the state
[04:52:18] state problem was there we went to that
[04:52:21] extations
[04:52:27] [laughter]
[04:52:29] this is an execution order try to
[04:52:32] execute this order in the manner it is
[04:52:34] possible
[04:52:35] not for contempt
[04:52:36] Mr. Basu we have requested Mr. Nitro
[04:52:40] we are hopeful that in the matter can
[04:52:42] I will try to my lord definitely I will
[04:52:44] try to
[04:52:46] why we wouldn't have said so many things
[04:52:49] my lord Mr. Mitro it is touching us now
[04:52:52] actually
[04:52:53] people now are thinking that
[04:52:54] it's only normal it's only normal
[04:52:56] that repeated adjunments high court is
[04:52:58] giving and the persons are suffering
[04:53:02] it's only normal
[04:53:05] tell us Mr.
[04:53:07] as suggested by lot I do not kindly give
[04:53:10] me a fortnight's time because I was told
[04:53:12] that possibly I will not get my lot
[04:53:14] instruction within that time
[04:53:16] kindly give me a fortnight
[04:54:01] Mr. M
[04:54:16] to you you take take time Mr.
[04:54:20] If you can solve the problem start the
[04:54:22] counseling of 117
[04:54:25] I don't know what Mr. Basu Mr. Now your
[04:54:29] chairman and secretary is not there
[04:54:32] secretary is there
[04:54:34] secretary
[04:54:34] office will be there ex nothing if Mr.
[04:54:41] or the letter is given to you. You start
[04:54:43] moment
[04:54:45] and you come prepared
[04:54:47] if the matter is not solved in that way
[04:54:50] then we will proceed
[04:54:54] 8th of July
[04:54:55] 8th July 3 p.m. Mr. So far as so far as
[04:54:59] the my client is concerned the chairman
[04:55:01] he has resigned. Can his personal be
[04:55:03] dispensed with
[04:55:04] let him be here. He is also an officer
[04:55:07] was on that day he resigned.
[04:55:09] No we are not dispensing with you
[04:55:12] simply.
[04:55:13] No the present chairman also should
[04:55:15] appear.
[04:55:18] There is a new new chairman.
[04:55:20] There's a new chairman has been
[04:55:22] appointed. No we are not we are not
[04:55:24] passing any further direction. Mr.
[04:55:26] Bondawad we are keeping it on
[04:55:30] July
[04:55:30] 8th July at 3 p.m. Mr. NRO has requested
[04:55:33] for that period.
[04:55:35] My lord,
[04:55:38] one thing is that this judgment is
[04:55:41] already tested
[04:55:43] in the in the meantime is already tested
[04:55:46] because the effect is
[04:55:49] and it was tested by the advocate was
[04:55:52] coming. No no no no no
[04:55:55] possible judgment
[04:56:01] SLP dismissed
[04:56:04] six SLP file or every SLP dismissed
[04:56:08] where are those orders
[04:56:11] we give it on 8th July it is already
[04:56:14] given in the me
[04:56:17] that it is not about carry forward
[04:56:20] we have told Mr. MRO he has he has said
[04:56:24] that you keep it after a fortnite
[04:56:27] has come to the post
[04:56:30] because the whole junk is not a dispute
[04:56:32] some portion that is regarding a very
[04:56:35] serious yes in the meantime something
[04:56:40] the meime selection can be started
[04:56:43] no
[04:56:45] sugar
[04:56:47] in the meantime
[04:56:51] That's just
[04:57:27] 27 blood for the blood.
[04:58:33] is appearing for of India.
[04:58:35] He was here.
[04:58:37] But what has happened? May I just give a
[04:58:39] brief
[04:58:41] backdrop of the case blood? May I give
[04:58:43] it?
[04:58:44] This is a hearing matter.
[04:58:45] No, this is not because because of the
[04:58:47] reason these are villagers of a
[04:58:48] particular blood area. It's neighbor
[04:58:51] nearing Lord the border. Where is the
[04:58:53] victor? There is a direction to
[04:58:55] take time lord today my lord
[04:58:57] if you l shift I can come back the
[04:59:00] difficulty is lord
[04:59:02] there's a direction to take instruction
[04:59:04] with regard to the limit what has
[04:59:05] happened lord these are shopkeepers and
[04:59:08] villages of a nearing border area
[04:59:12] initially the blood the BSF border was
[04:59:14] if your lordship would kindly take the
[04:59:16] topography which I have annexed blood in
[04:59:18] there is a river now in the bank of the
[04:59:20] river initially there was a BSF camp for
[04:59:23] protecting at the
[04:59:25] border. Now that has shifted in front of
[04:59:28] blood the village and marketing area.
[04:59:30] Now every individual whoever is going to
[04:59:32] the village and blood taking blood
[04:59:34] articles for their livelihood they are
[04:59:36] being checked and blood ultimately a
[04:59:39] limit was
[04:59:41] finalized by the BSF authority. Now
[04:59:44] initially it was 10,000 reduced to 4,000
[04:59:48] now it is 2,000. There are lot medical
[04:59:50] shops, school, colleges and there are as
[04:59:53] many as blood almost 6,000 inhabitants
[04:59:55] are there. Now we being agreed blood we
[04:59:59] challenge blood the in the in the rich
[05:00:01] jurisdiction. Now there is a direction
[05:00:03] upon the union of India to take
[05:00:05] instructions whether that limit can be
[05:00:07] blood uh updated or blood it can be
[05:00:10] extended because by this time since it
[05:00:13] is pending for a long blood there are
[05:00:15] many persons blood who are suffering
[05:00:17] because there are medicines medicine
[05:00:19] shops are also blood given with a limit
[05:00:21] of blood 2000 there are grocery shops
[05:00:24] there are other shops the local area is
[05:00:28] completely dependent on this market.
[05:00:32] So that was the reason instruction was
[05:00:35] sought from the BSF authority if the
[05:00:38] limit can be increased but we are not
[05:00:40] standing in the way the point is taken
[05:00:42] by the union of India is that that this
[05:00:44] is all about security of the nation but
[05:00:46] we don't stand in the way we say no
[05:00:48] problem you check check us but you
[05:00:50] cannot limit it that you will be allowed
[05:00:53] to take only uh articles of this much
[05:00:56] amount so that we do not know the shop
[05:00:59] owners and other inhabitants clearly do
[05:01:01] not know what will be the necessary
[05:01:04] articles. So the in this way this
[05:01:06] putting conditions blood upon Lord the
[05:01:09] shop owners and Lord the in
[05:01:10] where is that pro where is that memo
[05:01:13] putting condition
[05:01:14] your lordship would kindly take blood by
[05:01:19] appeal lord it is annexed in the read
[05:01:21] petition your lordship would kindly
[05:01:22] state come to
[05:01:27] that would kindly take the order passed
[05:01:30] by the single
[05:01:30] why you are saying putting conditions we
[05:01:32] have asked you where is that memo
[05:01:34] it is Lord she would kindly take blood
[05:01:37] 102
[05:01:44] this is of the block development offices
[05:01:48] this this is a whole part of I I'll just
[05:01:50] give me a second
[05:01:58] give me a
[05:02:04] Page 31 of my blood. If he did it in
[05:02:07] reply on behalf of the appetite that
[05:02:09] your lordship would kindly
[05:02:11] page 31
[05:02:12] 31
[05:02:16] no
[05:02:18] your petition must contain that
[05:02:21] restriction. H show us that restriction.
[05:02:23] I
[05:02:24] don't take us for through all the
[05:02:25] documents in your petition.
[05:02:28] You are so you are so wanting to hear
[05:02:31] the matter
[05:02:33] from May 2026 matter. You are not giving
[05:02:36] us the page also.
[05:02:38] The Lord should the subsequent
[05:02:40] limitation has come in page 31.
[05:02:42] Was the initial limitation?
[05:02:44] Lord would kindly take blood. In myition
[05:02:46] it is at page.
[05:02:54] The juniors must go through their briefs
[05:02:57] before it comes up to the court. These
[05:02:59] practices known now page 50 and 52.
[05:03:06] No homework nothing. Let's go. We will
[05:03:08] kindly say something.
[05:03:09] I'm I'm sorry. I thought blood that page
[05:03:12] 31 based on page 31. Yeah.
[05:03:15] 52 is your prayer book. 50 50 and 51
[05:03:19] 50
[05:03:19] 50 and 51
[05:03:23] 50 is
[05:03:24] regarding distribution
[05:03:25] this is a prayer portion
[05:03:27] like 50 first
[05:03:29] bloody yes your lord she would kindly
[05:03:30] say ministry of home affairs
[05:03:33] but I'm saying it from the blood
[05:03:36] application for appropriate order that
[05:03:39] read petition is annexed from the
[05:03:40] repetition I'm showing you a lot
[05:03:42] page you are showing page page 50 of
[05:03:45] your application is the prayer portion
[05:03:47] of your readition.
[05:03:50] No,
[05:03:51] this should be top top page 75
[05:03:55] there are two page number I'm sorry page
[05:03:58] 75
[05:04:00] illegal copy
[05:04:02] but I have given
[05:04:05] the next page is also done
[05:04:08] yes call the next method no preparation
[05:04:11] no checking no I
[05:04:13] I have blood it is little eligible may I
[05:04:15] just place it blood clive sanction sorry
[05:04:18] two weeks
[05:04:20] Yes. Next matter. Lord should kindly
[05:04:22] kindly do not take me a miss because of
[05:04:24] the reason.
[05:04:25] Next matter. Page 31 is the
[05:04:31] page 31.
[05:04:41] I'm sorry.
[05:05:08] What has happened my lord? Initially
[05:05:10] there was a repetition
[05:05:13] which was dismissed. appeal was
[05:05:16] preferred intra court appeal. In the
[05:05:19] inter court appeal there was an
[05:05:21] observation made by the division that
[05:05:24] yes there is an alternative remedy. This
[05:05:27] order may not be an appealable order but
[05:05:30] there can be a review filed. However the
[05:05:33] scope of review was not spelt out in
[05:05:35] that order passed by the coordinate
[05:05:37] bench. Thereafter millet an independent
[05:05:40] review application was preferred before
[05:05:43] the learned single bench learned single
[05:05:45] judge in that review allowed one of the
[05:05:50] prayer of the original petition which
[05:05:52] was obviously untouched in the f first
[05:05:55] petition but another prayer which was
[05:05:58] made for preservation of the CCTV
[05:06:00] footage of Shakaril police station for a
[05:06:03] specific period of time was not dealt
[05:06:06] with by the learning single touch.
[05:06:09] Therefore, this intra contact will
[05:06:10] against that order of the reviews. So,
[05:06:12] my lord, this specific the very limited
[05:06:15] question.
[05:06:16] Order are you agreed sir?
[05:06:17] My I am agrieved by the order
[05:06:20] first in review.
[05:06:22] No, first the read order me.
[05:06:24] No, no. What is your appeal against
[05:06:27] which order?
[05:06:28] 61. No, that is in page number 371 372.
[05:06:34] Date of the order is m
[05:06:46] 19th April 2024. May I read it? Madam
[05:06:49] 19th of April 24th
[05:06:51] 24
[05:06:51] that is a review order.
[05:06:52] Review orders
[05:06:53] and I'm challenging that that I'm coming
[05:06:57] in this appeal against this order in
[05:07:00] review.
[05:07:25] page number the repetitions order
[05:07:29] will be will be found from
[05:07:32] you kindly come to original order passed
[05:07:33] in the appeal 366
[05:07:40] 364 is the order of the
[05:07:42] come to the order of give you please
[05:07:44] place the order. Against that you have
[05:07:46] preferred the
[05:07:47] Yes. Yes. 19th April order. My lord may
[05:07:49] place the order.
[05:07:50] Against this you have preferred the
[05:07:51] place the order.
[05:07:53] The inspector in charge Shakrail police
[05:07:55] station has filed a report dated 4 1
[05:07:58] 2024 stating that photographs of the
[05:08:01] petitioners have been removed from the
[05:08:03] police station. It shall be ensured that
[05:08:06] the photographs are not circulated. If
[05:08:10] any such photographs are found in any
[05:08:12] media by the Shakrail police, immediate
[05:08:15] action shall be taken not only to remove
[05:08:18] said photographs from such medium but
[05:08:21] appropriate steps shall be taken against
[05:08:23] the persons holding the medium in
[05:08:26] question. The petitioner may explore any
[05:08:29] other remedies available to him
[05:08:32] interaction 482 of the CRPC. In view of
[05:08:36] the above review petition is disposed
[05:08:38] of. There shall be no order as to costs.
[05:08:41] My lord, this is in respect of one of
[05:08:44] the prayers. If I want to demonstrate
[05:08:46] this, my lord, I will have to refer to
[05:08:49] the prayers in the original repetition
[05:08:51] method. In the original repetitions, I
[05:08:54] have seven pools of prayers. My lord,
[05:08:56] kindly come to page 61 once. Page 61.
[05:09:00] Your prayer has been denied and review
[05:09:03] has been disposed or
[05:09:05] in respect of one prayer.
[05:09:07] Can you prefer an appeal against the
[05:09:08] daughter that limited purpose? My lord,
[05:09:11] I I can my
[05:09:12] you have to challenge the parent order.
[05:09:14] The parent was already challenged
[05:09:16] that was dismissed thereafter liberty
[05:09:18] was given for the review. After
[05:09:20] dismissal of review this
[05:09:22] it was an independent review.
[05:09:24] No that that liberty was there.
[05:09:25] Well, may I may I read that order then?
[05:09:28] Kindly come to page 61. It's very
[05:09:29] limited. I have examined my there may be
[05:09:32] something
[05:09:35] 61.
[05:09:36] The matter was pending since December
[05:09:39] 2021.
[05:09:41] None appears for the even in pass.
[05:09:45] Page 61.
[05:09:46] When have you been engaged Mr. Chhat G?
[05:09:50] Today
[05:09:51] I appeared for two days. My matter was
[05:09:53] not taken up.
[05:09:55] When you were engaged in month of
[05:09:59] Maybe.
[05:09:59] So you are so vocal now that this has
[05:10:01] not been but prior to you there were
[05:10:04] many advocates who appeared
[05:10:07] restoration six it was dismissed
[05:10:10] restoration done
[05:10:13] then Mr. Chatter G was engaged
[05:10:15] 366
[05:10:18] 366 is the order passed by the
[05:10:20] Mr. strategy comes on 1st April 2006
[05:10:23] 26
[05:10:25] time date is very vital April
[05:10:27] and you want to the time to file a
[05:10:29] supplementary supplementary everything
[05:10:32] is already filed
[05:10:34] you given a copy to me supplementary
[05:10:36] copymentary
[05:10:45] not
[05:10:52] But my 366 Mr.
[05:10:55] P 366 is very clear before I may I say
[05:10:59] my lord the only point is that whether
[05:11:02] the review court has arin law by not
[05:11:07] touching the another prayers which were
[05:11:09] never touched by the review court
[05:11:11] earlier in the original while deciding
[05:11:13] the original predictions. The scope of
[05:11:16] that appeal has that against that appeal
[05:11:18] preferred was dismissed.
[05:11:20] Appeal order referred that it can be
[05:11:22] reviewed. After that the learned single
[05:11:24] judge entertain the review application
[05:11:26] independently
[05:11:27] review on the con review on the basis of
[05:11:30] your pleadings and amendments.
[05:11:32] Yes. For one
[05:11:34] come to the order by which the your
[05:11:36] appeal was dismissed.
[05:11:37] Yes sir. We come to page 366
[05:11:41] 366.
[05:11:44] This intra court appeal. This intra
[05:11:46] court appeal is directed against the
[05:11:48] order dated 11th April 2023 in WPA 8458
[05:11:52] of 2023. By the said order the learned
[05:11:55] court dismissed a petition on the ground
[05:11:58] 366.
[05:11:59] Yes.
[05:11:59] Yes. 366.
[05:12:02] What is 364?
[05:12:04] 364 is the original order passed in the
[05:12:06] petition man. original dismissal order.
[05:12:10] Kindly come to 366 that 11th April 2023
[05:12:14] in WPA 8458 of 2023. By the said order,
[05:12:19] the learned grid court dismissed the
[05:12:21] read petition on the ground that the
[05:12:23] read petition is not the remedy to quash
[05:12:25] a first information report. The learned
[05:12:28] advocate for the appelance would
[05:12:29] vemently content that was not in uh not
[05:12:33] the only prayer in the repetition. If in
[05:12:37] the opinion of the appellence there is
[05:12:39] any error in the order passed by the
[05:12:41] repetition the appeal is not the only
[05:12:44] remedy and the avenue to the appellence
[05:12:47] is to file a review application and make
[05:12:50] out a case before the very same court.
[05:12:54] Hence I prefer a review application.
[05:13:01] Show us your prayer in the repetition.
[05:13:04] Yes ma'am. Kindly come to page 61.
[05:13:11] No,
[05:13:19] that is in page my lord.
[05:13:40] Lord, may I read the prayers once?
[05:13:42] Yes, we are not stopping you, Mr. Chad.
[05:13:45] Kindly
[05:13:47] whether the prayer a read of the in the
[05:13:49] nature of manners commanding the
[05:13:50] respondents particularly respond number
[05:13:52] three other independent magistrial
[05:13:54] authority to forth effectuate inquiry
[05:13:56] into the high-handedness and over over
[05:14:00] action of the police authorities and led
[05:14:02] the resignation of the Shakay police
[05:14:04] station case registration of the Shakay
[05:14:06] police station case number 11 199 of
[05:14:08] 2021 and the genuiness or otherwise of
[05:14:11] the version of the incident so Ed sumoto
[05:14:15] by the police particularly the veracity
[05:14:17] of the version in respect of the course
[05:14:19] of action adopted by the police
[05:14:21] authorities before and after effectuing
[05:14:23] arrest of the petitioners on October 3,
[05:14:26] 2021. B a readath of or in the nature of
[05:14:30] manneris commanding full-fledged inquiry
[05:14:32] as to what procure is involved and in
[05:14:37] collusion with this with uh or at the
[05:14:40] behest of whom the respond number 56
[05:14:43] ising one after another sumo false
[05:14:46] criminal cases against the petitioners
[05:14:48] particularly petitioner number two c a
[05:14:51] read in the moment which pro is involved
[05:14:54] and in collusion with bs
[05:14:57] is fisting one another. So what is the
[05:15:00] prayer? Prayer B is what?
[05:15:03] Prayer B is for the inquiry.
[05:15:04] Uh inquiry for what? That he is fisting
[05:15:08] one after another
[05:15:11] cases false cases.
[05:15:12] What inquiry is required? If any further
[05:15:14] application is made that will take its
[05:15:16] own course.
[05:15:18] Uh I have not agreed by that. Kind
[05:15:20] kindly come.
[05:15:21] You are saying some of the prayers have
[05:15:22] been left behind. Only prayer she has
[05:15:25] been concerned.
[05:15:26] Yes. Yes.
[05:15:26] Prayer C review code you went
[05:15:30] court said that take appropriate
[05:15:32] prayer D
[05:15:32] prayer D
[05:15:33] prayer D was not touched
[05:15:36] a read of or in the nature of manlamas
[05:15:39] commanding the respondent state
[05:15:41] authorities to collect and preserve all
[05:15:43] CCTV footage especially of the Shakra
[05:15:46] police station of the order date October
[05:15:49] 3, 2021 at the time between 9 to 12
[05:15:52] hours concerned and mobile Syria records
[05:15:54] of the petitioner number two as well as
[05:15:56] the Sakray police station landline
[05:15:58] number as well as of the sub inspector
[05:16:00] Sudor Shundash the police officer who
[05:16:03] arrested the petitioner as well as then
[05:16:05] officer in charge Shakra police station
[05:16:07] being respond number six for October 3,
[05:16:10] 2021 and other video footages from
[05:16:13] online social media and other such
[05:16:15] evidences especially provided along with
[05:16:17] their relevance. So this was not if
[05:16:21] today this is given I'm satisfied
[05:16:34] 364
[05:16:48] Petitioner praise for the quashing of
[05:16:50] the fire shak police station case number
[05:16:52] 11 199 of 2021.
[05:16:54] In addition,
[05:16:58] agreed by order refusing certain
[05:16:59] application under 91
[05:17:07] documents documentation
[05:17:15] is aged by an order refusing to enterain
[05:17:17] a section 91 for preservation of CCT.
[05:17:23] CC
[05:17:26] CRPC
[05:17:30] now
[05:17:32] sheet also has been
[05:17:40] competition.
[05:17:56] It's a charited
[05:18:47] Accus
[05:18:59] all the prisoners. So accused person.
[05:19:03] So sorry if in a proceedings there are
[05:19:07] five suppose there are five pairs can't
[05:19:12] that mean it shall be deep that court
[05:19:14] rejected the other four. No, because if
[05:19:16] the thing is when the review court
[05:19:18] allowed that means it has to be presumed
[05:19:22] that landed single judge has invoked his
[05:19:26] power to review on the basis of Mr.
[05:19:30] All the prayers are in connection with a
[05:19:33] particular case. It is not a case that
[05:19:35] there were three separate cases and all
[05:19:38] your prayers are inextricably bound. You
[05:19:41] are wanting preservation of CC footage.
[05:19:44] You are wanting chart sheet illegally
[05:19:46] filed. There is no substance. Chart
[05:19:48] sheet has already been filed. Now you
[05:19:50] are saying court said that all right if
[05:19:52] you have these grievances go and
[05:19:54] approach for an alternative remedy.
[05:19:56] I have already approached that was there
[05:19:59] my 91 application was made before the
[05:20:01] learned decision
[05:20:02] 91 application rejected. I came before
[05:20:05] this court for the institution of the
[05:20:08] proceeding against the concerned police
[05:20:09] officials who are responsible for the
[05:20:12] illegal detention of me and my other
[05:20:15] petitioners.
[05:20:16] What was the allegation against you?
[05:20:18] What what was the case? Tell us.
[05:20:20] Yes. Kindly come to the chart sheet.
[05:20:23] You are the accused person, sir.
[05:20:26] Yes. 229.
[05:20:29] Kindly come to the chart sheet. Now this
[05:20:31] culminated into an investigation.
[05:20:41] page number 75.
[05:20:44] This is the complent
[05:20:50] by you.
[05:20:51] Yes ma'am.
[05:20:51] You are the respondent number
[05:20:53] seven and eight.
[05:20:55] So far so far the scope of 90 come to
[05:20:58] you. Yes. In producing hair with in
[05:21:02] producing hair with
[05:21:04] one arrested acute person named Afro Ali
[05:21:07] Ansari
[05:21:10] Howa along with the seized articles one
[05:21:12] improvised firearms having but barrel
[05:21:16] trigger hammer firing pit etc. Measuring
[05:21:21] approximately your order under section
[05:21:23] 91
[05:21:26] it is in page 353 complaint on the basis
[05:21:30] of
[05:21:30] which the case number case was
[05:21:32] registered.
[05:21:33] Page 81 is the FI.
[05:21:36] Yes my page 81 is the FI formal F
[05:21:41] this complaint is very interesting. May
[05:21:43] I read this?
[05:21:45] T994
[05:21:46] 402.
[05:21:47] Yes. Yes. 25 27 these are the cases
[05:21:51] lordship knows it very well that 40292
[05:21:56] particularly at the instance of the
[05:21:58] police
[05:22:00] if we find that your implication is bad
[05:22:02] you will get the same entire
[05:22:04] I I I don't that I will fight my lord
[05:22:07] the question is my lord I want the
[05:22:09] apply for questioning
[05:22:10] no I not quing I want the action to be
[05:22:12] taken against these aring officials
[05:22:14] why because they kindly come to this
[05:22:17] case These are repeated false cases
[05:22:20] at the incent of the accusation. Let the
[05:22:21] trial be concluded. There is a provision
[05:22:24] in the police regulation of Bengal.
[05:22:27] pilot for that preservation that's why
[05:22:29] court find that the investigation was
[05:22:32] faulty or anything even the district
[05:22:35] judge can judge can direct
[05:22:37] but even for the part that's why
[05:22:38] lordship for this investigation this
[05:22:40] CCTV footage
[05:22:41] pres is going on investigation and
[05:22:44] inquiry and trial is going on how you
[05:22:47] can say that the this IO has committed
[05:22:50] error
[05:22:51] CCTV footage is required to be preserved
[05:22:53] why IO is opposing that
[05:22:55] why is required to be produced
[05:22:57] preserved why it required to be
[05:22:58] destroyed not at the best of the
[05:23:02] in in future this will never be
[05:23:03] preserved
[05:23:04] accused person cannot
[05:23:07] give dictate what is to be done in
[05:23:09] connection with the criminal case
[05:23:11] I'm not on that that's
[05:23:12] accused person
[05:23:14] but accused persons can come yes my lord
[05:23:16] I
[05:23:16] defend yourself
[05:23:17] my lord accused person
[05:23:19] I say ultimately if you get the result
[05:23:22] of acut then you will take
[05:23:25] the question is
[05:23:26] prosecution it is
[05:23:28] my lord I my my submission is that today
[05:23:32] a accused person cannot get that liberty
[05:23:35] that you
[05:23:36] accused person is not seeking that
[05:23:37] liberty my lord accused person is only
[05:23:39] pointing out to one fact they learn it
[05:23:42] section 91 order Mr. Yes.
[05:23:47] 352 minute.
[05:23:54] Now a charge sheet has been trial is
[05:23:56] going on.
[05:23:57] My lord, the charge yet to be played. My
[05:23:58] lord, what I am pointing out?
[05:24:00] 350
[05:24:01] 352 regarding 91. My lord, my lord,
[05:24:04] kindly see the first word of
[05:24:05] he will come to you. Wait have patience
[05:24:08] sir.
[05:24:09] The record is taken up for hearing.
[05:24:11] Just 352.
[05:24:20] Please call
[05:24:23] 352
[05:24:25] anyone to produce that
[05:24:29] 352
[05:24:30] 352
[05:24:32] 352
[05:24:34] the record is taken up for hearing but
[05:24:37] in views in in in in the observation
[05:24:41] made in aexics court in Abraham state
[05:24:44] the investigation stage I am not
[05:24:45] interested to interfere with at light of
[05:24:47] the agit
[05:24:49] agitated in the petition however the IO
[05:24:52] is directed to submit a general status
[05:24:54] report so you are agreed by this orders
[05:24:58] then this proceeded investigation done
[05:25:01] chart sheet submitted now you are saying
[05:25:04] that the court did not consider my other
[05:25:07] prayers and the review has only disposed
[05:25:10] of only one part of my prayer Other
[05:25:13] parts are still there. No provision, no
[05:25:16] steps.
[05:25:16] Well, I I never wanted to reopen the
[05:25:18] prayers which were earlier dealt with
[05:25:20] like the prayer for this 482 washing
[05:25:23] etc. I never wanted to open up.
[05:25:25] No, no, the prayer was that there are
[05:25:28] three prayers
[05:25:31] prayers which one is see.
[05:25:35] Yes, he wanted also.
[05:25:37] Yes, those are
[05:25:40] now independent power of review has been
[05:25:43] exercised by the land single judge. Led
[05:25:45] single judge has not touched anything
[05:25:47] already decided
[05:25:50] single judge was exercising his review
[05:25:52] power
[05:25:54] 61.
[05:25:55] So error apparent apparent was detected
[05:25:57] by land single judge. You read the first
[05:26:00] prayer
[05:26:01] mate. Kindly come to the first prayer.
[05:26:03] Mel
[05:26:03] to forfeit affixiate and inquiry into
[05:26:06] high-handedness and over over action of
[05:26:09] the police authority that led to
[05:26:11] registration of such and such. So no
[05:26:14] police authority shall have any liberty
[05:26:15] to registration of any case to register
[05:26:19] any case. Register of a case by police
[05:26:22] authority would be high-handedness.
[05:26:26] Pardon me. I I
[05:26:28] sorry m I couldn't uh but the police
[05:26:31] authority has registered a case against
[05:26:33] me
[05:26:34] and repeated cases my what has happened
[05:26:36] my this person was being implicated in
[05:26:39] connection with repeated false cases by
[05:26:42] short police station at that point of
[05:26:44] the time and uh kindly come to the list
[05:26:48] also
[05:26:51] I've given a total list of the cases me
[05:26:54] which was started against the petitioner
[05:27:02] In par page number eight your lordship
[05:27:04] will find in 2021 sil PS
[05:27:08] page number
[05:27:09] 21 page number eight
[05:27:12] page number eight
[05:27:13] eight
[05:27:15] of this application
[05:27:17] of the
[05:27:18] of the of this application
[05:27:24] page number eight I give the
[05:27:27] 2021 SH LPS case number 269 of 2021
[05:27:31] dated 4th March 2021.
[05:27:33] All right, let us hear him now. Yes. So
[05:27:36] far the reliable cases I not prayer in
[05:27:41] paragraph prayer in D regarding my lord
[05:27:44] the 91 application so far the 91 91 my
[05:27:48] lord a police officer or court can issue
[05:27:51] a process of 91 a accused in a case
[05:27:54] cannot ask for a prayer for a 91. This
[05:27:58] is my this this is not his jurisdiction.
[05:28:00] This is the jurisdiction of the court or
[05:28:02] my investigating officer. Therefore my
[05:28:04] lord there is application of
[05:28:06] entertaining the 91 application itself
[05:28:09] and my lord subject matter already
[05:28:11] decided although this pendency of these
[05:28:14] cases my lord the trial is my st
[05:28:16] otherwise my lord is
[05:28:17] but kindly come to 366
[05:28:20] 366
[05:28:20] the order passed by the appeal court
[05:28:24] said that if in the opinion of the app
[05:28:26] there is any error in the order
[05:28:28] yes madam
[05:28:29] the appeal is not only and the avenue in
[05:28:31] this to file a review
[05:28:32] review
[05:28:34] And review was filed and to some extent
[05:28:35] was corrected. To some extent has
[05:28:37] corrected. My lord kindly see the review
[05:28:39] order. My lord what they prayed for that
[05:28:42] was corrected.
[05:28:46] Kindly see
[05:28:46] error. Error on the record.
[05:28:50] Yes.
[05:28:51] To find out error a long argument is not
[05:28:55] the error which will stare at me.
[05:28:59] Not to find the error. It is the error
[05:29:02] which will stay. This is this is the
[05:29:04] therefore my review has already
[05:29:06] enterained
[05:29:08] and that that prayer what my learned
[05:29:10] friend is today praying before this
[05:29:11] court that was not before the review
[05:29:13] court I'll kindly see
[05:29:14] and
[05:29:16] page 373
[05:29:18] three
[05:29:18] 373 the review order my
[05:29:21] 370
[05:29:22] 73 last year last of the day application
[05:29:27] of my
[05:29:28] yes
[05:29:28] my lord by reason order dated paragraph
[05:29:31] three by reason order dated third 11th
[05:29:33] April 2020 there was a demand of
[05:29:35] rejection of prayer C. Their prayer was
[05:29:39] only confined with prayer C. Now my
[05:29:41] learned friend is canvasing regarding B
[05:29:43] D and other regarding C and the review
[05:29:46] court the honorable single bench minor
[05:29:48] decided on basis of the C and direction
[05:29:51] upon the Sakar police station to remove
[05:29:53] the photographs of the petitioner.
[05:29:54] So what was the necessity for
[05:29:56] interference in review?
[05:29:58] There was nothing wrong in the order
[05:30:01] that was not compliance. Page paragraph
[05:30:03] five OC Sakar Police Station shall
[05:30:06] ensure the compliance of the above and
[05:30:08] let appropriate report be filed by the
[05:30:10] OC Sakar on the adjun date then my lord
[05:30:13] the on adjun date my the report was
[05:30:15] filed my friend g was that that was not
[05:30:18] implicated that was not complied what
[05:30:20] happened
[05:30:22] is that complied with
[05:30:23] that means in press
[05:30:27] you photograph
[05:30:30] that has been removed my review
[05:30:32] application is given my lord kindly come
[05:30:34] to my review application
[05:30:34] but that was not the argu that was not
[05:30:36] the argument before the my single
[05:30:38] that there is the grounds it's a
[05:30:39] question of review
[05:30:41] kindly it's a specific place
[05:30:42] my argument in a nutshell is that when
[05:30:45] the learned single judge had exercised
[05:30:47] the power of the review the learned
[05:30:49] single judge ought to have considered
[05:30:52] all the aspects and find out the other
[05:30:54] errors also and address that and
[05:30:56] complete review should have been done
[05:30:58] that is my
[05:31:00] prayer The present.
[05:31:10] The present has been
[05:45:51] it from the court. The court rejected it
[05:45:54] on the ground that give a general
[05:45:56] report. That is why I'm court I
[05:45:59] approached the court for that. Court
[05:46:01] should have considered it. Court has
[05:46:03] not. That is why 91. So I have every
[05:46:06] right being an accused to make this
[05:46:08] application
[05:46:08] with a better case Mr.
[05:46:11] It is not a better case but I tried
[05:46:18] you tried your best Mr.
[05:46:35] 2000
[05:46:39] responding number eight and 19
[05:46:48] multiple respondents imputed including
[05:46:51] advocate CBI and other authorities. Yes
[05:46:53] sir.
[05:46:54] There was a direction to serve upon them
[05:46:56] last year.
[05:46:57] Alier.
[05:46:58] This is item number 29.
[05:47:00] Yes sir. Have you served?
[05:47:02] I have served whatever
[05:47:06] represented except council for state
[05:47:09] government
[05:47:10] state
[05:47:11] you have got the copy now
[05:47:13] no
[05:47:16] give a copy to freshy
[05:47:18] total 40 respondents are there
[05:47:23] next week
[05:47:24] give a copy to the GP we take it up next
[05:47:27] week you take your instruction in and
[05:47:30] may I point out one
[05:47:32] related to termination or initiation of
[05:47:34] proceeding. All this batch of criminal
[05:47:35] proceeding this has been referred to a
[05:47:37] larger ve because in respect of Ram
[05:47:40] Kishan Foy there is a direction that
[05:47:43] whether mandam sepil will lie in respect
[05:47:46] of of matters which has criminal in
[05:47:48] nature that is pending before a larger
[05:47:51] one. So my batch of matters relating to
[05:47:53] the criminal proceeding arising from
[05:47:55] police in action has been referred to a
[05:47:57] larger bench that is pending my that's
[05:47:59] just I wanted to point
[05:48:00] to which me
[05:48:05] kindly
[05:48:05] this is in relation it's a general order
[05:48:08] no mition
[05:48:11] which relates to initiation and
[05:48:13] termination of a criminal processing
[05:48:15] initiation and termination
[05:48:18] but whether there is I will address this
[05:48:20] Sorry to him.
[05:48:23] Give a copy of this to him. He will
[05:48:25] There is no question of termination.
[05:48:26] This is not a service matter. The
[05:48:29] question is what? Before your Lord has
[05:48:32] the copy come back
[05:48:40] July 8th July. Yes. Next
[05:48:43] I'll serve a copy. I'm so grateful.
[05:48:58] 30 to 35
[05:49:02] please your lordships
[05:49:04] I beg to appear uh by VC uh for the
[05:49:08] appalent
[05:49:14] these are uh six appeals bills preferred
[05:49:17] by the epilent. These are fresh matters
[05:49:20] against the uh order in review by the
[05:49:23] learned single judge dated the 4th of
[05:49:25] February. And if your lordships will be
[05:49:27] pleased to have the last order of the
[05:49:29] 19th of May, the lordships were pleased
[05:49:32] to direct filing of legible copies which
[05:49:34] I am uh instructed have been filed given
[05:49:38] to the other side.
[05:49:39] You have filed
[05:49:41] because I'm instructed to so submit that
[05:49:43] they have been filed. Copies also
[05:49:46] copy file
[05:49:48] legible copies I don't know before your
[05:49:50] lordship whether it's filed or not but
[05:49:52] we were served
[05:49:53] you were served
[05:49:55] sir we also need a copy now
[05:50:01] has it been filed before the court
[05:50:04] is direct
[05:50:06] any junior of the council is here you
[05:50:09] are appearing sir because
[05:50:13] my instructing council is in Not
[05:50:26] this request final hearing. Now we keep
[05:50:28] it in the combined list.
[05:50:30] No no no no
[05:50:31] this will this these are coming up as
[05:50:33] fresh matters
[05:50:35] and in case yeah they are there in the
[05:50:38] nature of fresh matters meows against
[05:50:39] the order of the 4th of February
[05:50:42] uh affidavit have not yet come. Where
[05:50:45] where is have sir? Listen. Do you have
[05:50:48] the copy?
[05:50:49] Do you have?
[05:50:50] Yes, I have the copy.
[05:50:50] You hand it over. We need that copy now.
[05:50:53] Yes, we have.
[05:50:53] Where is our copy?
[05:51:04] This is a change. We have the damn
[05:51:07] paper. We have the original document
[05:51:09] along with this bond paper. The legible
[05:51:11] copies are enhanced with the bone paper
[05:51:13] loan.
[05:51:15] Two copies. Yes. I have two copies.
[05:51:43] Where are those two copies? How many
[05:51:45] documents you are filing?
[05:51:47] There are four as for the their
[05:51:50] inspection also and also we have gone
[05:51:52] through the documents. There are four
[05:51:53] volume.
[05:51:54] No no no not four. Eight.
[05:51:56] No no no no
[05:51:58] need to be
[05:51:59] sir. What is the scope for any inter? Do
[05:52:01] you have any scope for entry order in
[05:52:03] this case?
[05:52:04] No. No.
[05:52:06] There is no scope for intim for the
[05:52:08] reason
[05:52:08] then we can ask then we can ask them to
[05:52:11] exchange the pleadings and we keep it
[05:52:13] fixed for final hearing.
[05:52:15] Yes your lord ch because I would request
[05:52:16] at the earliest for the reason that the
[05:52:18] uh red court had passed directions in
[05:52:21] regard to disciplinary proceedings
[05:52:23] against errant.
[05:52:25] Let there be let there be a direction to
[05:52:27] file the informal paper book
[05:52:28] incorporating all the documents. M
[05:52:30] because when this matter has been taken
[05:52:32] up all both the parties has exchanged
[05:52:34] their pity
[05:52:35] so in fact everything is on record there
[05:52:38] are about a total of seven volumes
[05:52:41] including the eth volume which is the
[05:52:43] mat so everything is on record in fact
[05:52:46] uh legible copies have been given to the
[05:52:48] other side my learned was the
[05:52:50] instructing advocate will no
[05:52:53] there's no filing of paper what what he
[05:52:56] saying I may may I just take two
[05:52:59] Now there's no score in order not
[05:53:01] admittedly. So may I suggest these are
[05:53:03] review petitions appeal against review
[05:53:05] petition yes appeal against order pass
[05:53:08] the review petition
[05:53:09] three appeals
[05:53:11] no there are in total more than that
[05:53:12] six there are there are a total of six
[05:53:16] appeals against the common order which
[05:53:18] is come back to you Mr. Mayotra, we will
[05:53:21] come back to you later. Yes. Very
[05:53:23] grateful.
[05:53:24] There are
[05:53:26] six review petitions from one judgment
[05:53:29] passed by the learned single judge
[05:53:31] court
[05:53:32] in the RIT court. There were which
[05:53:35] directed proceedings against some of the
[05:53:38] officers.
[05:53:41] This was the RIT court order. I'm just
[05:53:42] giving a lot of very brief. Directed
[05:53:44] disciplinary proceedings against six
[05:53:47] separate officers. Now these officers
[05:53:50] were impleed by name
[05:53:53] and as a result of that the six officers
[05:53:57] filed six review petitions
[05:54:00] because they were never served. That is
[05:54:02] the basic point. So for that six review
[05:54:06] petitions were filed that six review
[05:54:09] petitions were again disposed of by one
[05:54:13] order. Now before your lordship again
[05:54:16] initially they
[05:54:17] order has been challenged in five
[05:54:19] independent appeals.
[05:54:20] First they filed one that is the
[05:54:22] confusion. They first filed one in which
[05:54:25] they bought the records of all.
[05:54:27] Then they filed somebody advised them no
[05:54:30] it will not be maintainable. Then they
[05:54:32] filed five or six other appeals.
[05:54:35] So six review petition appeals are here.
[05:54:38] Yes sir.
[05:54:38] Now Mr. Mayotra is saying that all the
[05:54:41] documents are already on record. Where
[05:54:43] are those?
[05:54:44] If your lordship looks at one matter
[05:54:46] that has records of everything but if
[05:54:49] your lordship looks at the other review
[05:54:51] petitions
[05:54:52] then only memo is fine.
[05:54:55] In fact, may I may I make some?
[05:54:57] No, that is a I will not mislead the
[05:54:59] court.
[05:55:00] Then the principal review petition where
[05:55:02] the pleadings have been exchanged.
[05:55:04] No, all of them pleadings were done.
[05:55:06] Pleadings have been exchanged. All of
[05:55:08] them. There is then there is no question
[05:55:10] of further exchange of
[05:55:12] let there is no if directs paper books
[05:55:14] to be filed I think it will be
[05:55:15] appropriate to file I'm not asking for
[05:55:17] formal paper book I'm saying informal
[05:55:20] paper book file
[05:55:21] no then he has to file six paper rules
[05:55:24] yes
[05:55:24] not only one over here before this is
[05:55:27] one matter has eight
[05:55:29] paper volumes
[05:55:31] eight volumes first matter has eight
[05:55:33] volumes
[05:55:35] may I make a submission that in so far
[05:55:37] as the review matters for consent. All
[05:55:38] the petitions were heard together and in
[05:55:41] fact in the eight volumes the eighth is
[05:55:43] the MAT in the seven volumes all the
[05:55:46] pleadings are there and all the written
[05:55:48] submissions are there they were all
[05:55:49] considered together by the learned
[05:55:50] single judge so there is there would
[05:55:52] inevitably be no question of you know
[05:55:55] increasing your lordship's load by
[05:55:57] filing pleadings again they're all on
[05:55:59] record that is my respective submission
[05:56:01] exactly that is why can you file an
[05:56:03] informal paper book incorporating all
[05:56:06] the pleadings
[05:56:09] Because that can be done that can be
[05:56:11] done.
[05:56:12] So there will be an there will be six
[05:56:15] independent informal paperwork needs to
[05:56:19] be filed.
[05:56:20] My respectful submission is
[05:56:22] because
[05:56:24] understand what he's saying. Yes. What
[05:56:26] is your what is your
[05:56:27] my submission is this that because all
[05:56:30] of the review petitions were heard
[05:56:32] together by the learned single judge.
[05:56:34] There is a common judgment passed and in
[05:56:36] fact in the volumes already placed
[05:56:38] before your lordships all of the
[05:56:40] pleadings are there including the
[05:56:42] written submissions my respectful
[05:56:44] submission is this arising out of the
[05:56:46] same judgment in respect of the same
[05:56:48] lists there is no question of and in
[05:56:51] fact no necessity of your lordships
[05:56:53] getting burdened with respect
[05:56:56] in terms of different compilations
[05:56:57] where are those documents where are
[05:56:59] those I don't know is this the complete
[05:57:02] set of readings
[05:57:03] no no That is in one that is in
[05:57:05] connection with Matteligible
[05:57:08] copies only. No
[05:57:14] Mr. Meotra is saying your senior is
[05:57:17] saying that there are all materials on
[05:57:19] record. Where do we find that?
[05:57:21] May I make a sub?
[05:57:23] So that that with respect would be in
[05:57:25] MAT 378.
[05:57:27] MAT 378.
[05:57:30] So where is the where are those all
[05:57:32] those papers in 378?
[05:57:34] All the papers books all the volumes are
[05:57:36] submitted except four volumes where the
[05:57:39] illegible documents were annexed. Those
[05:57:41] documents have been changed in in those
[05:57:43] paper books. Sir you file a
[05:57:45] comprehensive informal paper book any in
[05:57:48] the primary appeal five review six
[05:57:50] review
[05:57:51] very very very well meos the primary one
[05:57:53] is 558 and if it be pleasure 558
[05:57:58] that is the primary then we direct you
[05:58:01] file an informal no 378 the primary
[05:58:06] principle Matt
[05:58:10] any may be taken and
[05:58:12] no no not any not any
[05:58:14] why the
[05:58:15] principle would be
[05:58:17] Mr. If you file the informal paper book
[05:58:20] in MAT 378
[05:58:23] then on the basis of that we can dispose
[05:58:25] of all your appeals.
[05:58:27] Lord check
[05:58:27] no no
[05:58:29] but
[05:58:31] when I file the
[05:58:33] all the documents all the officers are
[05:58:35] similarly placed
[05:58:38] that is why I'm saying it is better
[05:58:39] unnecessary confusion will be created
[05:58:42] there should be informal matter because
[05:58:44] different officers the stand is
[05:58:46] different.
[05:58:49] When I place the documents on record,
[05:58:50] they should
[05:58:54] petitioner petition.
[05:58:57] If I if I can have two minutes of
[05:59:00] uninterrupted time
[05:59:03] was the RIT petitioner where he made
[05:59:06] allegations against seven different
[05:59:09] officers or six officers. Now the stand
[05:59:13] is that these seven of them have
[05:59:18] different positions about service of the
[05:59:20] repetition upon them. So there's each of
[05:59:23] their stands plus there are there is one
[05:59:27] person who is who
[05:59:29] there is one person who had prefer an
[05:59:31] appeal and from the appeal the appeal
[05:59:35] court directed that no you go in review
[05:59:38] there is another one whose review was
[05:59:40] dismissed. So Mr. Banerjee let let him
[05:59:43] come with one paper book in 37 if the
[05:59:46] documents are required if you point it
[05:59:48] out.
[05:59:49] No the same confusion as they have done
[05:59:51] in filing of this 378
[05:59:53] the matter can never be heard now Mr.
[05:59:56] as
[05:59:57] I am I don't have a problem but your lot
[05:59:58] will take a problem that will not kindly
[06:00:00] because the stands are separate
[06:00:02] because on the I find from the previous
[06:00:04] orders that in all the appeals identical
[06:00:07] points are there that is recorded
[06:00:10] correct lot
[06:00:11] let him file let him file one informal
[06:00:14] paper book in MAT such and such
[06:00:16] 37 37
[06:00:18] such and such and at the time of final
[06:00:21] hearing if you find that further
[06:00:23] documents have not been there then we
[06:00:26] will question him.
[06:00:28] Millos may I make a submission calling
[06:00:32] me what your lordships
[06:00:39] may
[06:00:41] in that event will kindly segregate 378
[06:00:43] from other
[06:00:46] against whom direction was given to
[06:00:48] initiate pro they has not been heard
[06:00:51] they have not been heard
[06:00:53] but they are not similarly placed
[06:00:54] anything
[06:00:55] but they are not similarly placed
[06:00:57] Somebody is someone service has been
[06:00:59] made in one manner. Someone has been
[06:01:01] served in a different manner while they
[06:01:03] are posting in a different capacity.
[06:01:05] There is these aspect deliberated upon
[06:01:08] before the honorable tri honorable court
[06:01:10] sing I request
[06:01:12] these aspects are considered as
[06:01:14] sufficient
[06:01:16] sufficient and court exercise
[06:01:20] absolutely absolutely ab
[06:01:26] how you will be agreed
[06:01:28] let me that's why we have kept the
[06:01:30] maintainility point open
[06:01:32] what fell from the Kolkata.
[06:01:34] No,
[06:01:36] everybody comes from Delhi because I am
[06:01:38] connected from Delhi.
[06:01:40] My brother has posed a question to you.
[06:01:43] Review applications have been allowed.
[06:01:46] The review applications have been
[06:01:48] allowed reopening all the issues
[06:01:50] concerned. Then what is the necessity
[06:01:52] for you to prefer this appeal against
[06:01:54] that review petition?
[06:01:56] Meows. The reason for preferring the
[06:01:58] appeals is simply this that the scope of
[06:02:02] order 47 that is the review jurisdiction
[06:02:05] has been exceeded
[06:02:06] and and in fact they were heard
[06:02:08] together. I will demonstrate to your
[06:02:10] lordship that there is no error apparate
[06:02:12] on the face of the record which had
[06:02:14] impelled the learn or there is no
[06:02:16] sufficient reason
[06:02:20] the entire order
[06:02:22] is or for sufficient reason. Let me let
[06:02:25] me finish the consolidated paper.
[06:02:28] You are appearing for
[06:02:31] pinto.
[06:02:32] I was appearing for the red petitioner
[06:02:34] who is now the epilent before your
[06:02:36] lordship. The matter was
[06:02:37] Mr. Mr. Meotra learned advocate
[06:02:41] appearing for the Mr. Mehot learned
[06:02:44] advocate appearing for the appellence
[06:02:50] in six appeals which have been tagged
[06:02:53] together. submits that all the appeals
[06:03:00] involve identical issue
[06:03:06] all the appeals involve identical issue
[06:03:06] and in respect of the identical issue
[06:03:11] and accordingly they have been tagged
[06:03:13] together for hearing.
[06:03:15] He further submits that [clears throat]
[06:03:19] further submits that
[06:03:23] all the all the you have filed the paper
[06:03:26] book in 378 have no
[06:03:29] no paper book
[06:03:33] in view thereof in view thereof
[06:03:36] I'll file a consolidated paper book
[06:03:40] involve identical issue and all the
[06:03:43] appeals may be heart
[06:03:48] on the BC uh through maybe heart
[06:04:01] 37
[06:04:02] 378
[06:04:10] matter would be 378
[06:04:19] The reason why 378 is the leading one
[06:04:21] because
[06:04:28] upon hearing advocates appearing for the
[06:04:31] respective parties. We are of the
[06:04:34] opinion that there is no scope towards
[06:04:37] issuance of any inter
[06:04:40] view thereof. Lease the appeals. list
[06:04:43] the appeals for final hearing in the
[06:04:46] combined monthly list of
[06:04:50] combined monthly list of August 2020.
[06:04:54] August August
[06:04:55] August 2026
[06:04:58] the [clears throat]
[06:04:58] appellence the uh stop uh let let an
[06:05:03] informal paper book be filed
[06:05:08] in the appeal being MAT 370 of 2026
[06:05:13] 378 37
[06:05:14] 378 of 2026
[06:05:17] with copies to the learned advocates
[06:05:19] appearing for the respondents within a
[06:05:22] period of 4 weeks. from
[06:05:26] the issue of maintainability
[06:05:29] all along. I'll make my submission
[06:05:35] because I'm only requesting
[06:05:38] the behab
[06:05:48] if your lordship rights it will
[06:05:49] consolidates.
[06:05:50] No, where is that? issue of maintainable
[06:05:57] it is not
[06:05:57] no it is that is that is I have myself
[06:06:00] pursued it I remember it I'll give a lot
[06:06:03] remember but we don't see
[06:06:07] in fact the issue of mainten
[06:06:16] I will not want to see I may miss also
[06:06:23] May I May I pray to your lordship to fix
[06:06:26] May I pray to your lordships to fix a
[06:06:28] date my lords in this matter
[06:06:31] you file the informal paper distribute
[06:06:33] the copies
[06:06:34] very well it will be there in the month
[06:06:37] of August you upon notice then we can
[06:06:40] fix up it
[06:06:42] very well
[06:06:47] the matter is in a very short inspectors
[06:06:49] and once your lordships has the paper
[06:06:51] books there will not be no difficulty it
[06:06:53] is on maintainability and aspects of
[06:06:55] service that the learned single judge
[06:06:57] rendered the judgment which is appealed
[06:06:59] against
[06:07:00] Mr. Mharatra the respondent particularly
[06:07:03] Mr. energy senior advocate claiming that
[06:07:06] at the initial stage they raised the
[06:07:08] point that the issue of mental liberty
[06:07:11] should be kept open
[06:07:13] to be and decided at the time of final
[06:07:15] hearing.
[06:07:17] Yes. Because he should not have any
[06:07:20] objection
[06:07:21] because I I have no objection. Let the
[06:07:24] matter be heard. It's in a very narrow
[06:07:25] perspective. In fact,
[06:07:26] have said it is ready for hearing. We
[06:07:28] will yes
[06:07:31] because
[06:07:32] it doesn't it doesn't doesn't have to be
[06:07:35] meow it doesn't have to be it will be
[06:07:37] taken in factility arose before the
[06:07:39] learned single judge
[06:07:44] lordship please