District – North 24 Parganas

IN THE COURT OF LD. EXECUTIVE MAGISTRATE AT BARRACKPORE

Ref: M.P. Case No. of 2024

IN THE MATTER OF :-
An application U/S 144 (2) of Cr. P. C
AND
IN THE MATTER OF :-
SRI SUBHAJIT ADHIKARY
Prop. of ELEXIFY INDUSTRIES PVT. LTD.
S/o Gour Adhikary
Residing at T.N. Banerjee Road,
P.O. Panihati, P.S. Khardah,
District – North 24 Parganas,
Kolkata – 700114, West Bengal.
…………… Petitioner
-VERSUS-
(1) SMT. SEFALI DAS
W/o Sri Nilu Das
(2) PINKI DAS
D/o Nilu Das
(3) ASSOCIATES OF SL. 01 & 02
All are residing at T.N. Banerjee Road,
Near Burning Ghat, P.O. Panihati,
P.S. Khardah, District – North 24 Parganas
Kolkata - 700114, West Bengal.
…………..Opposite Parties

The humble Petition on behalf of the

above named Petitioner/First Party.

Most Respectfully Sheweth :-

1. That your Petitioner is a peace loving and law abiding Citizen
of India and he have been permanently residing at the above
noted address which comes under the jurisdiction of this Ld.
Court.
2. That the Petitioner had purchased a plot of land with structure
measuring about 02 (Two) Cottah alongwith 800 sq. ft. R.T.
Shed standing thereon which is identified as Plot No. 02 which
is lying and situated at Mouza – Panihati, J.L. No. 10, R.S. No.
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 32, Touzi No. 155, comprised and contained in R.S. & L.R. Dag
No. 2528 under R.S. Khatian No. 1445 within the local limits
of Panihati Municipality in ward no. 05, being holding no. 57,
of T.N. Banerjee Road, within the jurisdiction of A.D.S.R.O.
Sodepur, under P.S. Khardah, District – North 24 Parganas,
Kolkata – 700114 alongwith all easement rights, privileges,
liberties as well as right to use the electricity and Municipal
Water & Municipal Road from the O.P. No. 01 and other co-
shareholders/owners of the property vide registered Deed No.
I-8665/2023, dated – 10th day of October : 2023.
3. That after purchasing the said landed property your Petitioner
has taken the possession of the purchased property & started
to reside alongwith his family members & enjoying the same
till 2023.
4. That since purchased the said property the O.P. members have
been creating tormenting, menacing and inducing in various
ways and manner in the pretext of illegally occupying the some
portion of the property of the Petitioner and malafide intention
for achieving their monetary wrongful gain and the Petitioner
made protest to the illegal and unlawful activities of the O.Ps
they start threatened to the Petitioner with dire consequences.
5. That in the month of January, 2024 the Petitioner started a
construction work on his purchased property but after passing
of few months of the construction work made by the Petitioner
the O.P. members has been creating menacing and forcefully
obstructing the said work and several times forcefully tried to
obstruct the work of the Petitioner and on protest the O.Ps.
members alongwith their associates demanded illegal money
from the Petitioner.
6. That thereafter your Petitioner several occasion personally
approached and requested to the O.Ps restraining from their
forceful and illegal activities and also requested to the O.Ps.

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 not to creating obstruction on his construction work inverse
the O.P.s. did not pay any heed of it.

7. That on ……………………..………. at about ………………….. p.m.

when your Petitioner started their construction work during
that time the O.Ps. and their men and agents again came over
the property of the Petitioner and forcefully restrained the said
construction work and start illegal demand of Rs. 2,00,000/-
otherwise your Petitioner would not complete his construction
work and on protest the O.Ps. members started physical
humiliation with slaps, holding hair and thrashed on the
ground and threatened with dire consequences by stated that
“TOKE KAJ KORTE DEBO NA JATOI TOR NAAME REGISTRY KORA THAKUK NA
KENO, KAJ KORTE GELE AMADER ABAR TWO LAKH TAKA DITE HOBE”.
Since then the O.P. members have adopted different types of
tricks and tactics only to harass your Petitioner alongwith his
family members.
8. That all the O.Ps are dangerous and desperate in nature,
having criminal antecedent and their symbol of panic in the
society, O.Ps can do and undo anything for their wrongful
gain, both the O.Ps further by their high handed criminal act
take away the normal avocation life of the Petitioner. As such
their exist serious apprehension of breach of peace and loss of
life, warrants for immediate interference of the Ld. Court by
passing an order U/S – 144 (2) of Cr. P.C. otherwise your
Petitioner shall suffer irreparable loss and injury which cannot
be compensated by any value.
9. That the Petition of the Petitioner is a bonafide one.

Hence it is prayed that your Honour would

graciously be pleased to allow this Petition of
the Petitioner with a stringent direction to
the O.P. members restraining from their
forceful and unlawful acts and activities at
the time of construction work by the

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 Petitioner on his property & (2) restraining
the O.P. members “not to entering the
Petitioner purchased property” and also

direction upon the I/C or O/C of Khardah

P.S. to assist your Petitioner and maintain
peace and tranquility in the area and pass
such necessary order or orders as your
Honour may deem fit and proper for the
interest of justice.

And for this act of kindness your petitioner as is duty bound

shall ever prayed.

SCHEDULE OF PROPERTY

ALL THAT piece and parcel of land measuring about 02 (Two)

Cottah alongwith 800 sq. ft. R.T. Shed standing thereon which
is identified as Plot No. 02 which is lying and situated at
Mouza – Panihati, J.L. No. 10, R.S. No. 32, Touzi No. 155,
comprised and contained in R.S. & L.R. Dag No. 2528 under
R.S. Khatian No. 1445 within the local limits of Panihati
Municipality in ward no. 05, being holding no. 57, of T.N.
Banerjee Road, within the jurisdiction of A.D.S.R.O. Sodepur,
under P.S. Khardah, District – North 24 Parganas, Kolkata –
700114 alongwith all easement rights, privileges, liberties as
well as right to use the electricity and Municipal Water &
Municipal Road from the O.P. No. 01 and other co-
shareholders/owners of the property vide registered Deed No.
I-8665/2023, dated – 10th day of October : 2023.

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