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Representation dated 10th November, 2008 to, His Excellency the Governor of West Bengal, Shri Gopalkrishna Gandhi, Raj Bhawan, Kolkata - 700001, by submitting in writing through an application for intervention for transferring all the cases to the Central Bureau of Investigation; mentioned in the annexed application addressed to Your Excellency and others dated 1st November, 2008.

From:-

Milap Choraria

Editor: lwpuk dk vf/kdkj (fgUnh ekfld) RTI-Times (Eng. Monthly) 

AUTHOR OF THE BOOKS: (1) A MODEL OF NEW CONSTITUTION FOR INDIA; and (2) COMPLETE SYSTEM FAILURE UNDER POLITICS-CRIME-NEXUS

Convenor           :    Movement for Accountability to Public (MAP)

The then Member                           :        Sub-Committees on Finance & Marketing Under Working Group on SSI Sector for Ninth Five Year Plan Constituted by the Government of India

Author of 250 Articles                      ;       Published in the most of DAILY Hindi Newspapers in India

Ex. Hoy.Gen.Secy.                          :        INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI), Calcutta

President                                       :        Federation of Aluminium Users Association of India

Secretary                                       :       Tamkor Vikas Samity (Rajsthan)

Member                                         :       Transparency International (India), H.O.Berlin (Germany)

Member                                         :       ICANN(U.S.A.)._

Website:  http://milapchoraria.tripod.com/msp  http://rtitimes.net / https://riseup.net/www/arc/rti-times

E-Mail:  milap_choraria@yahoo.com       

B-5/52, Sector-7, Rohini,

Delhi-110085

 

To,

         Shri Budhha Dev Bhattacharyya, Hon'ble Chief Minister of West Bengal, cm@wb.gov.in, with copy to Prl Secy to C M, West Bengal, Shri Dipankar Mukhopadhyay, dmukho@ias.nic.in

         Sri  Srikumar Mukherjee, W. B. Minister, Home Department, moshome@wb.gov.in; with copies to Sri  A.M. Chakrabarty, Additional Chief Secretary IAS, Department of Home Affairs, W. B.  sechome@wb.gov.in; Shri Prasad Ranjan Ray, Addl Chief Secy, Home Deptt, West Bengal; raypr@ias.nic.in; Sri  S. S. Basu, WBSS, Deputy Secretary, Department of Home Affairs, W. B. dshome@rediffmail.com; Shri Rajendra Pradas Banerjee, Spl Secy, Home Deptt, West Bengal; rajendra91@ias.nic.in; Sri A.M. Chakrabarty, IAS, Secy Home Department, W. B., sechome@wb.gov.in; and Shri Pradip Kumar Sengupta, Jt Secy, Home Deptt, West Bengal, p.k.sengupta@ias.nic.in

         Sri  Asok Bhattacharya, Minister, Department of Municipal Affairs, W. B., micma@wb.gov.in; with copies to Sri  P. K. Pradhan, IAS, Principal Secretary, Department of Municipal Affairs, W. B., secmdw@wb.gov.in; Sri  Subrata Biswas, IAS, Director of Local Bodies, b_subrata@hotmail.com/ dfb_wb@vsnl.net; The Municipal Commissioner, The Kolkata Municipal Corporation, E-mail : kmc@vsnl.net; Shri Alapan Bandopadhyay, Municipal Commr, Kolkata Mpl Corpn, alapanb@ias.nic.in; Dr. Asvini Kumar Yadav, Jt Municipal Commr, Kolkata Mpl Corpn, yasvinik@ias.nic.in

         Sri Robindra Ghosh, Hon’ble Minister for Cooperation, miccop@wb.gov.in; with copies to Shri Rajiva Sinha, Secy, Cooperation Deptt, West Bengal, sinhar1@ias.nic.in; seccop@wb.gov.in; Shri Amitabha Bhattacharya, Registrar, Co-op Societies, West Bengal: amitabha87@ias.nic.in

         Shri Amit Kiran Deb, Chief Secy, West Bengal, debak1@ias.nic.in, chiefsec@wb.gov.in

         Shri Naba Kumar Mukhopadhyay, Secy, Vigilance Commn, West Bengal, naba.kumar@ias.nic.in

  • Hon’ble Justice Shyamal Kumar Sen, Chairperson, W. B. Human Rights Commission, wbhrc@cal3.vsnl.net.in; with copy to Shri Brajabehari Mahapatra, Secy, State Human Rights Commn, West Bengal: bbmpatra@ias.nic.in

 

Sub: Application to transfer all the cases mentioned herein

to Central Bureau of Investigation.

1.         That severe infringement of my fundamental rights were started in the year 1982, when under political influence, the State Government discriminated me and subsequently in the year of 1984-85, Shri Jyoti basu, the then Chief Minister of West Bengal, started taking personal interests, in my matter, to support black mailing activities of Land Mafia Sanjay Kumar Jhunjhunwala and his associates Mr. Chuni Lal Mukherjee and others. As a result, ‘Justice’ was completely denied me in Criminal Cases Numberng, 91(12)83 dated 29th December 1983; 106(2)84 dated 29th February 1984; 4(3)84 dated 2nd March 1984; 54(2)85 dated 19th February 1985; 67(7)86 dated 18th July 1986; FIR dated 27th November 1999, Lodged by Registered Post, against demolition of the boundrywall of my properties and stealing of the valuable Documents, Books, Papers, and Goods, all of the Behala Police Station within South 24-Parganas District; and Case No. Sec. VZ. C/No. 30 dated 22nd February 1991 of the New Alipore Police Station (under Kolkata Police); FIR dated 18th October 1994 and dated 21st January 1995 both lodged by Registered Post to Golabari Police Station (witin Howrah District- under West Bengal Police) against the stealing of the goods and dispossessed me by force from the flat situated at 9th Floor, 45, M. A. K. Azad Road, Howrah. With the result, my life and liberty were made miserable and I was forced by compulsion to flea away from Kolkata.

 

2.         That now a days double faces of the politicians are not a new thing. But, people may not believe that personality like Shri Jyoti Basu, who always claimed that he is leader of deprived, downtrodden and deceived, is mastermind for the development of culture in the system, to help growth and development of the Land Mafiadom, with the full immunity is possible. Such facts are stated in Fact Sheet, which is posted: http://wbchiefminister.tripod.com/  http://rtitimes.net/westbengal, through which I have detailed that how I had suffered severe atrocity and how Shri Jyoti Basu and his Governmental Machinwery in West Bengal along with Shri Kamal Basu and under his instructions, the Kolkata Municipla Corporation misused powers and abused authority to victimise me. Since then I have been a sever victim of ‘Crime and Abuse of Power’, suffered harm, including physical and mental injury, emotional suffering, economic loss and substantial impairment of my fundamental rights, through such acts or omissions that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights, adopted by the General Assembly of the United Nations Vide resolution 40/34 of 29 November 1985, which was adopted in compliance of the Universal Declaration of Human Rights, adopted and proclaimed by General Assembly of the United Nations Vide resolution No. 217 A (III) of 10th December 1948; Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005 Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, other relevant human rights instruments and the Vienna Declaration and Programme of Action; Remedies for gross violations of international human rights law and serious violations of international humanitarian law include the victim’s right to the following as provided for under international law: (a) Equal and effective access to justice; (b) Adequate, effective and prompt reparation for harm suffered; (c) Access to relevant information concerning violations and reparation mechanisms; Basic Principles on the Independence of the Judiciary, Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by the General Assembly of the United Nations resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985, in conformity with the Universal Declaration of Human Rights; and Basic Principles on the Role of Lawyers Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990; International Covenant on Civil and Political Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49, under which The Office of the United Nations Commissioner of Human Rights, Geneva, started to receive Individual complaints, under special procedures mechanisms to intervene directly with Governments on specific allegations of violations of human rights that come within their mandates.

 

However, in spite of the aforesaid Declaration, I have been denied access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that I have suffered, for the reasons that besides aforesaid, the Basic Principals, adopted by the General Assembly of the United Nations, were fully ignored, under abuse of powers by powerful politician of West Bengal, the then Chief Minister of West Bengal, to provide full protection to criminal acts and deeds of the Kolkata Land Mafia Sanjay Kumar Jhunjhunwala and his associates:

 

That since enactment of the Right to Information Act, 2005, I have submitted large number of the applications, under the Act, to collect information from various public authorities, to substantiate my charges against aforesaid Kolkata Land Mafia and also against the aforesaid Nexus developed between Shri Jyoti Basu and aforesaid group of Kolkata Land Mafia headed by Sanjay Kumar Jhujhunwala. Thus, I have been able to gather valuable Information, with regards to various criminal actvities of the Land Mafia Sanjay Kumar Jhunjhunwala and his close associate Mr. Chuni Lal Mukherjee, including relating to illegal construction of Builidgs at the encroached Railway Land, Executon of Purchase Deeds, in serious violation of Income Tax Act, etc. However, this application is pertains to only with regards to Criminal activities of the aforesaid Group agaist me, and as such I am declining to mention here all the facts, relating to criminal activities of the aforesaid Land Mafia, which ofcourse, I am dealing separately, in accordance with the law. Therefore, in view of the facts mentioned in the “Fact Sheet”, which is also posted at: http://wbchiefminister.tripod.com/  http://rtitimes.net/westbengal, I humbly pray that the aforesaid criminal cases, and the matter of constant blackmail to me, be handed over to the Cetral Bureau of Invesigation, to ensure Justice to me, since in consideration of the involvement of the powerful politicians and bureaucrats, justice to me is not possible to me from the West Bengal Police and adminisration.

    

That in consideration of the false statement made by aforesaid Land Mafia Sanjay Kumar Jhunjhunwla and his associate Mr. Chuni Lal Mukherjee and his advocates and Chartered Accoutants, during the course of the proceedings under Rght to Information Act, 2005, hereby I am submitting, admitting and confirming that I am ready for any type of Forensic Tests, including Brain Mapping Test, Narco Analysis Tests, Lie Detector Tests, Polygraph Tests or any kind of other Tests, which may help to unearth the Truth about each and every statement made by me in the Enclosed ‘Fact Sheet’. At the same time, my humble submissions are that in case any Member of the aforesaid Group of Land Mafia challenge authenticity of any of my statement, as pre-condition, detailed Forensic Tests, including Brain Mapping Test, Narco Analysis Tests, Lie Detector Tests, Polygraph Tests and any kind of other Tests, which may help in exposing truth also be conducted of all the Members of Group of Land Mafia, and respective Advocates named in the said Sheet. For this very reason, I am serving copy of this application to the Members of Group of Land Mafia, whose were abettors of the criminal activities against me and responsible for my constant blackmailing.

I must clarify that till now I have not made complaints, before the Office of the United Nations Commissioner of Human Rights, Geneva, in considerations of the adverse impact against the credibility of Central as well as State Government of West Bengal and also of the Judiciary. Therefore, I hope that the matter would not be hanged for unspecified period any further, and in case it appears to me that the favour from the Government of West Bengal and Kolkata Muncipal Corpoation is still continuing to safegurad the illegal interests of Kolkata Land Mafia Sanjay Kumar Jhunjhunwala and his asoocuiates Chuni Lal Mukherjee and others, I may be compelled to lodge Individual Complaint before the Office of the United Nations Commissioner of Human Rights, Geneva, since it is learnt that Shri Jyoti Basu has now assigned Shri Subhas Chakraborty, West Bengal Minister for Sports, to see that the aforesaid illegal favour is continued unhampered.

 

With Best Regards,

Yours faithfully,

 

 

 

(Milap Choraria)

 

Copies to Main abettors of the aforesaid various crimes against me: (1) Sanjay Kumar Jhunjhunwala, 2d, Queens Park, Kolkata-700019; (2) Shri Manik Chand Sethia, Through Shri Bhikam Chand Ji Bhansali, M/S. Arbind Enterprises,  Room No.731, (Nand Ram Market), 4, New Howrah Bridge Approach Road,  Kolkata -700001; (3) Mr. Chuni Lal Mukherjee, 24E/1, M. N. Sen, Regent Park, Kolkata-700040; (4) Mr. Chittaranjan Ganguly, Village- Tetulberia, P.P. Garia, Kolkata-700088; (5) Mr. Kamlesh Chandra Chatterjee, 13, J.K.Pal Road, Kolkata-700038; (6) Mr. Shrawan Kumar Bhatter, C/O, Shri Chandi Plastic Udyog, 53A, Futnani Chambers, Kolkata-700001; (7) Mr. Sukumar Das and Mr. Pintoo Mondal, 21, Seal Thakur Bari Road, Kolkata-700038; (8) Mrs. Ava Rani Dey, and Mrs. Dipika Bhattacharjee, 10/10, Kali Charan Dutta Road, Kolkata-700088.

 

This representation along with the ‘Fact Sheet’ is also posed at: http://rtitimes.net/westbengal / https://riseup.net/www/arc/rti-times

FACT SHEET


Letters send by me, which referred herein, are only those letters, which posted through Regstered Posts, to respective addressees, as such this fact is not repeated again and again. 


BACKGROUND OF LAND MAFIA SANJY KUMAR JHUNJHUNWALA:

That in the year 1980-1981, Mr. Sanjay Kumar Jhunjhunwala (hereinafter called and referred as Mr. Jhunjhunwala), has a property at 9/1, Lower Rowdon Street Kolkata-700020, belonged to his mother Smt. Savitri Devi Jhunjhunwala wife of Sri Chandi Prasad Jhunjhunwala. Initially during the period of 1986, when Mr. Jhunjhunwala tried to develop good relationship with me, he himself reported about his past, that his father was earning nothing while he was employee in one Rajgarhia Company against a monthly salary of Rs.300/- and living along with his father and mother in one Room belongs to his uncle. However, his mother’s said property was under Litigation. Mr. Jhunjhunwala, for the purpose of his employers, regularly, visits Mr. Kedar Nath Fatehpuria, who then was the employee in one Company of Sahu Jain Group. During such visits Mr. Jhunjhunwala discussed with Kedar Nath Fatehpuria, about his said property, and its litigation. Mr. Fatehpuria suggested him for settlement in the matter with his opposite party the then tenant, by making a lumps sum payment. Mr. Jhunjhunwala had no monetary sources, while Fatehpuria was. After negotiations, Mr. Jhunjhunwala make payment of black money of about Rs.22 Lakhs to said Tenant to get vacated the said Land after settlement. Thereafter, under agreement between Mr. Jhunjhunwala and Kedar Nath Fatehpuria a Joint Venture multistoried complex of three buildings called Block: “A”; “B”; and “C” of “Mani Mansions”, were constructed at said property, as the first joint project. Thereafter, Mr. Jhunjhunwala married with the sister of Kedar Nath Fatehpuria. Now, Mr. Jhunjhunwala, with the illegal support from the Government of West Bengal and Kolkata Municipal Corporation, under his close proximity with Shri Jyoti Basu and now reportedly with Shri Subhas Chakaborty, West Bengal Minister for Suports, now is having wealth of morethan Rs.2,000 Crores. In one of the Affidavit Mr. Jhunjhunwala, admitted that in November 1983, he purchased properties at Binoba Bhave Road, Ward No. 119 of Kolkata, neighboring to my properties.      

MY AGREEMENT WITH AVA RANI DEY AND HER DAUGHTER AND AFTER SEVERAL YEARS FROM AGREEMENT BUT UNDER ABETMENT FROM LAND MAFIA THEY STARTED LITIGATION, WITH FALSIFIED AND MANIPULATED FACTS:

That in the year of 1981-82 Ava Rani Dey and her daughter being the legal heirs of Late Nalini Mohan Dey, claimed before me in writing through their Lawyer Learned Mr. Swapan Kumar Chakraborty, Advocate, that they are owners of 70 Cottas of the land, out of which one litigation is pending in respect of the properties measuring 3 Cottas 13 Chittaks 26 Square Feet. Relying upon such claims, initially on 9th December 1981, I entered in Agreement with the said Ava Rani Dey and her daughter to purchase the aforesaid properties which comprised in C. S. / R. S. Khatian Nos. 530 and 534 of Mouza Sahapur, P.S. Behala, within Ward No. 119 of Kolkata-38. Before entering in the agreement correspondence between my the then Lawyer Ld. Mr. Aloke Nath Ghosh, Advocate and Lawyer of the Ava Rani Dey and her daughter (hereinafter they will be called and referred as my Vendors), Ld. Mr. Swapan Kumar Chakraborty were held.

 

However, subsequently, it was transpired that according to all the Deeds in favour of said Nalini Mohan Dey, the predecessor of my aforesaid Vendors and on the basis of the C. S. Survey made in the year 1932, by the Dominion Government of India and R. S. Survey made in the year 1956, by the Government of West Bengal, the total measurement of the properties comprised in the aforesaid Two Khatian Nos. 530 and 534 was 1.10 Acre of Land equivalent to 66 Cottas. However, out of the aforesaid 66 Cothas of the land, my Vendors lost their claims of the rights, titles, and interests over the properties comprised at R.S.Plot No.219 (within aforesaid R S Khatian NO. 534) measuring more or less 10 Cottas, as their predecessor Nalini Mohan Dey lost Title Suit No. 301 of 1963 of 4th Court of Munsif, Alipore. Accordingly, my Vendors were owners of only more or less 56 cottas of land, against their false claim of 70 cottas of land. Between 31st May 1982 and 28th June 1982, out of aforesaid 56 Cottas of land my Vendors executed Registered Sale Deeds in respect of 35 cottas of land, in favour of my nominees, but failed to execute Sale deed in respect of properties comprised in R. S. Plot No. 195 and 206 measuring more or less 21 cottas, since they failed to comply mandatory legal provisions. However, my Vendors delivered physical possession of the aforesaid two plots along with all other parts of the property, on 5th February 1982, to me. They received full consideration money from me, in respect of the entire properties, measured 56 cottas of land. I do admit that the then my legal adviser Mr. Aloke Nath Ghosh, Advocate, not given proper advices to me, for some ulterior motives or for some malafide intention. Finally, I released him in June, 1983.

 

That on 20th January 1988, I also finally settled the dispute and purchased the same, in favour of one of the my Private Limited Company, the properties comprised in aforesaid R. S. Plot No. 219, upon which the Legal heirs of Late Rabindra Lal Chakraborty, who were able to prove their rights, title and Interests and Possession through judgment in the aforesaid Suit. Thereafter, suddenly, many-fold blackmailing activities against me were cropped up or enlarged from various corners. This was noticed from one Advertisement by my Vendors, published in May 1988, in a Bengali News Paper, from which this become amply clear that they also joined hands with the criminal blackmailing activities runs against me, by the Land Mafia Mr. Jhunjhunwala and his associates. I was surprised as the then my long time Counsel Mr. P. K. Ray, Barrister-in-Law, (who without my knowledge influenced by Mr. Pratap Chatterjee, Bar-at-law and son of Shri Som Nath Chatterjee, M. P., in favour of Mr. Jhunjhunwala) supplied copy of the aforesaid Bengali Newspaper, containing the said advertisement. In the advertisement, my Vendors tried to send false and illegal message that they were still owners of the properties comprised in aforesaid two Khatians. After going through aforesaid advertisement, on 10th December 1986, I also published another advertisement, in the same Newspaper to contradict such claim of my Vendors. Thereafter, in or about October 1988, I filed Two Suits for specific performance of Agreement by executing Sale Deeds in respect of properties comprised in aforesaid two R. S. Plot No. 195 and 206 as aforesaid, which were recorded as Title Suit No. 138 and 139 of 1988 both of Ld. Court of 7th Assistant District Judge, Alipore.  

 

That subsequently this was come to my notice that under the abetment from Land Mafia Mr. Jhunjhunwala, his associates including Chuni Lal Mukherjee, my Vendors, in the year 1988, also filed a Title Suit for declaration, against me and only thereafter they published aforesaid advertisement in Baratman. Since they joined hands with the object of Sanjy Kumar Jhunjhunwala and his aoosciates to blackmail me, thus in the Suit, they mentioned manipulated measurement of 94 Cottas of the properties comprised in R. S. Khatian No. 530 and 534, by misusing the platform of ‘Administration of Justice’, falsely claimed against actual 66 Cottas covering entire Two Khatians. At the same time, with malafide intentions, they suppressed the material fact in the plaint that their predecessors-in-interest Late Nalini Mohan Dey and thus they also lost their all claims, rights, titles and interests over the properties comprised in the aforesaid R. S. Plot No. 219, when they lost the aforesaid Suit, when Judgment, was pronounced in 1977. The aforesaid Judgment was based on the admitted Records of Rights. As per Records of Rights, measurement of the said Plot was more or less 10 Cottas of land. In the Suit against me, they themselves admitted that they sold 35 Cottas of land to me. Therefore, after deduction of said 35 Cottas of Land, and aforesaid 10 cottas of land, just for argument, if they could have any claim, same should not have been more than 21 cottas of land, for which in fact they failed to execute the Sale Deeds, since they failed to comply mandate of the law, inspite of the fact that they delivered physical possession and taken full consideration money from me. I have all documents in support of this entire paragraph.

 

Most absurd thng was that in the said Suit Injunction Order against me was passed by Mr. J. C. Moulick, the then Learned Munsif, 5th Court at Alipore (hereinafter called and referred as Mr. J. C. Moulick). I filed Appeal agaist the Injunction Order. After hearing about such manipulations, the then Learned Additional District Judge Mr. A.K. Chowdhury, made comment in open Court, that in considerations of such manipulations, he will return (reject) the Plaint of the Suit, at limini and going to pass order to that effect. But, he withheld passing of the order for few days. When he passed the Order, under clear embracement, upheld the illegal injunction order passed by Mr. J. C. Moulick. Thus, I filed Revision Application before the Hon’ble Kolkata High Court. At the very 1st instance of hearing, Hon’ble Court agreed to set-aside the aforesaid Orders. At this stage my Counsel and Senior Lawyer Learned Mr. Shakti Nath Mukherjee, Bar-at-law argued that in considerations of the serious manipulations contained in the plaint, he will make satisfactory argument to pass a Rule to reject / return the Plaint. Hon’ble Court agreeing with the same fixed the matter for final hearing. Under development of such adverse situation against their blackmailing objects, Advocate of the said Mafiadom started to influence my Advocate-on-record, Mr. Gouri Shankar Gupta. As a result, Mr. Gouri Shankar Gupta, suggested me for some compromise with Mr. Jhunjhunwala, which I refused. Immediately thereafter, Mr. Gupta, entered in some underhand but hiding criminal agreement with my opposite Party, as such one day when matter was called for hearing, and even Hon’ble Judge was ready for passover of the matter for some time to hear Ld. Mr. Shakti Nath Mukherjee, Bar-at-law, who also send message for passover of the matter, Mr. Gouri Shankar Gupta, even ignoring strong objections raised by me, moved the matter through another Lawyer and submitted knowing fully weak pleadings. As a result, on 29th March 1990, same Order was passed by the Hon’ble High Court, which Hon’ble Court was ready to pass on the 1st day of hearing of Revision Petition. Mr. Gouri Shankar Gupta, Advocate, falsely allowed recording of the presence of Ld. Mr. Shakti Nath Mukherjee, Bar-at-law, who was not present at the time of hearing of the matter. The order of the Munsif was set aside and matter was returned for further hearing.

 

That Mr. J.C. Moulick, on 26th March 1991, certainly under embracement, once again passed illegal injunction Order against me, by overruling 16 different Rulings, given by the different High Courts, which were referred by me, in writing, and also ignored the Hon’ble High Court’s order passed in the Civil Order No. 845 of 1990, in which Hon’ble Court interalia observed that Mr. Mukherjee (name of Mr. Mukherjee was wrongly but with permission from Ld. Mr. Gouri Shankar Gupta, Advocate was recorded) submits that the properties alleged to have been sold away by the opposite parties (my Vendors) to the Petitioner (i.e myself) have found place in the ‘C’ Schedule to the plaint which, according to the opposite parties also have been sold to petitioner i.e. me. Mr. Raychoudhury appearing for the opposite parties submits that the plaint may have to be amended for scrutinising some plots in two different schedules. And aforesaid Order further directed that the impugned order (of the Lower Court) is set aside. But, the parties will maintain status quo in respect of all the properties involved in the suit excepting 33 cottahs of land which, according to the plaintiffs, have been sold out to the defendant until disposal of the injunction petition by the trial court. The majic behind the enlargement of the Suit properties can be explained this way. As already referred, two surveys were conducted in the year of 1932 and 1956 respectively. During the 1932 Survey, the Properties in question were recorded as C. S. Plot Nos. 307, 308, 309, 310, 311, and 311/995 under C.S. Khatian No.530 and 534, while the same properties during survey of 1956, recorded as R. S. Plot No. 194, 195, 205, 206, 207 and 219 under R. S. Khatian Nos. 530 and 534. But, in the plaint under Schedule “A”, and “C” all the aforesaid Six C. S. plots plus all the Six R. S. Plots falsely claimed as 12 individual plots without describing them as C. S. Plot or R. S. Plots. The document mentoned by my Vendors in the Injunction Application shows the total properties as 66 Cottas including aforesaid 10 Cotthas of the land. Whereas, under crimnal embracement, Mr. J. C.Moulick, in his injunction order against me given flimsy grounds that “court cannot embark upon at this stage” for not relying upon the documents filed by the Plaintiffs themslves, i.e. my Vends. In considerations of such criminal acts and deeds, I filed Complaints before Bar Council of West Bengal against Mr. Tapash Kumar Sarkar, Advocate of my Vendors and lodged Prosecution Permission Petitions against Learned Mr. J. C. Moulick, and Learned Mr. A.K.Choudhury, the then Presiding Officer of the Additional District Judge, Alipore, which never replied.

 

That proceeding in the said Suit filed by my Vendors was result of their joining the hands with the Land Mafia Mr. Jhunjhunwala and his associates including Mr. Chuni Lal Mukherjee, to support their blackmailing activities. This fact was confirmed from a letter dated 11th June 1991, received through Registered Post from the Grand Daughter of my one of the Vendor: Ava Rani Dey namely Mrs. Ratna Bhattacharjee. From the said letter of Mrs. Ratna Bhattacharjee, this was also confirmed that Mr. Chuni Lal Mukherjee was in regular touch with my Vendors and was behind the filing of afoaresaid Suit against me based on manipulations of the measurement of the properties comprised in R.S. Khatian No. 530 and 534 as aforesaid.

BLACKMAILING WITH THE HELP OF THE PERSONS WHO BOOKED FLATS WITH ME, WITH THE ACTIVE SUPPORT FROM WEST BENGAL GOVERNMENT:

That at the time of the purchase of the aforesaid property, in or about March 1982, I booked some flats for my the then close friends and relations including Shrawan Kumar Bhatter on certain terms and conditions to provide them residential accommodations after construction, and I received a small amount of payments in advance against respective bookings. Under ill-advise from my the then legal adviser Mr. Aloke Nath Ghosh, Advocate, in February 1983, I formed and get registered a Cooperative Society namely Nav-Surya Cooperative Housing Society. Considering my fiduciary relationship with all the persons, who booked flats with me, whom I made promoters / members of the said Society, though the property was absolutely purchased by me, through my own nominees, much prior to formation of the aforesaid Society, between 31st May 1982 and 28th June 1982, and on 25th March 1983 and 31st May 1983, transferred the same in favour of my said Cooperative Society, without any payment of consideration money, just as name lenders. This was the reason that members were never bothered about the matters and affairs of the Cooperative Society, till 18th July 1986, when attempt to kill me was committed, under a Plot hatched by the Land Mafia Mr. Jhunjhunwala and his associates, including Mr. Chuni Lal Mukherjee. 

 

That on 18th December 1984, I send a circular letter to all the aforesaid persons, who booked Flats with me, including said Shrawan Kumar Bhatter, to make payment of Rs.5/- per square feet against their respective booking areas to meet pre-construction expenditures. In response to the said Letter, Mr. Shrawan Kumar Bhatter and his group not made any payment, on the ground that trouble is prevailed in the property.   

 

That during the visit to me in Hospital, when I was hospiatlised, after attempt to murder, Mr. Jhunjhunwala developed contacts with said Shrawan Kumar Bhatter and his father, as a result after my discharge from the Hospital, said Shrawan Kumar Bhatter and his father met and persuaded me to sell the property to Mr. Jhunjhunwala. When, I refused to sell the property, they started to instigate each member of my Cooperative Society. In the meantime, on 6th September 1986, Extra Ordinary General Meeting of the Cooperative Society was called and held in which out of the then total 24 Members, 17 Members including Raj Kumar Dhawan and his Son Chandra Sekhar Dhawan were present. Out of rest 7 Members, 2 Members telephoned me informing the reasons for not coming to the meeting, while Five the then Members namely Sushil Kumar Bhatter, Shrawan Kumar Bhatter, Ashok Kumar Bhatter (Three brothers from the single joint family), Prabhu Dayal Sureka and Sushil Kumar Tulsian informed me, that they are interested to see the sale of the property to Mr. Jhunjhunwala, as such they decisively not attending the Meeting. In the said meeting, in accordance with the agenda, unanimous decision was taken and property of the Society was divided in three Parts. Northern side proposed Building proposed to be constructed at R S PLot No. 205 was allotted in favour of 15 the then Members, describing specific allotments of proposed flats and from Southern side proposed building from the said Plot No. 205 was allotted in favour of 8 Members. On 28th October, 1986, Allotment Letters in favour of all then existing 23 (except me) Members including Shrawan Kumar Bhatter were forwarded. The said two Building could have been constructed by or on behalf of the respective allottees at the Properties comprised at said R. S. Plot No. 205, in accordance with the sanctioned plans. In accordance with the agenda and decision taken in the said Meeting tenanted part of the property comprised in R. S. Plot No. 194 was transferred in my favour.  Since aforesaid Group of 7 Persons namely Raj Kumar Dhawan and his Son Chandra Sekhar Dhawan Sushil Kumar Bhatter, Shrawan Kumar Bhatter, Ashok Kumar Bhatter (Three brothers from the then single joint family), Prabhu Dayal Sureka and Sushil Kumar Tulsian refused to accept allotments made in their favour, as such their Membership of Cooperative Society were seized automatically, by operation of Law, on and from 24th January 1987.

 

That in consideration of unholy alliances between the Mr. Jhunjhunwala and group of Shrawan Kumar Bhatter, on 5th August 1987, I filed Title Suit No. 348 of 1987 in the Court of 5th Munsif, at Alipore, for declaration that the properties transfer between 25th March 1983 and 31st May 1983, by my nominees in favour of my Cooperative Society was under fiduciary relationship between me and all the Members of my cooperative society, and deeds were executed without payment of any consideration money but just for name lenders. In the Suit all the aforesaid 23 persons who were made by me as Promoter Members of the Cooperative Society, were made defendants and I was Plaintiff. Such transaction was legally valid even under Benami (Prohibition) Transaction Act, 1988.

 

That since inception of the Cooperative Society Shrawan Kumar Bhatter and his Group never shown any interest in the affairs and working of the Cooperative matters, as they were just concern to get their respective flats from me, under agreed terms and conditions, as such from the day of formation of Cooperative Society they did not paid a single paisa to Cooperative Society or me even against written requests. They were much less concerned because their financial stake was very very limited rather negligible. But, suddenly after attempt to murder committed to kill me, under a plot hatched by Mr. Jhunjhunwala, Chuni Lal Mukherjee and others and under the offer for good monetary gains from Mr. Jhunjhunwala, they become interested in alleged working of the Cooperative Society, just with single objective to create pressure upon me, in the garb of the enquiry of the working of the Cooperative society, to made me ready to sell the property to Mr. Jhunjhunwala. Under the Cooperative Law enquiry of working of any Cooperative Society should have been sought, on compliance of certain Rules and provisions of Law, including limitation point, and with the strength of one third of total members of a Society. But, in the matter of my Cooperative Society, since Shri Jyoti Basu, the then Chief Minister of West Bengal was in backing of Shrawan Kumar Bhatter through Mr. Jhunjhunwala. As such Cooperation Directorate was ready to violate every Rule and Provision of Law. At that point of time, total alleged Number of Members of the Society was 24, even if those Members, whose membership was seized, can be considered as Members, therefore, one third could have been the eight members. However, Shrawan Kumar Bhatter and his father, taken all efforts, but not able to get the support of more than 7 members including said Raj Kumar Dhawan and Chandra Sekhar Dhawan (father son duo), who initially refused to join with the Shrawan Kumar Bhatter and attended Special General Meeting of the Cooperative Society, in which allotment letters were approved and issued. To comply the terms of one-third strength they got obtained signature from one Non-Member namely Shri Dharam Chand Jain and applied for order of enquiry. They filed application under Section 93(2)( c) of West Bengal Co-operative Societies Act, 1983, for enquiry of the working of the Society, with reference to alleged anomalies.  However, initially, I was intended to cooperate with the enquiry, but when, suddenly fact was came to my notice that Shrawan Kumar Bhatter and his group with intentions to comply the condition of one third support for order of enquiry obtained signature from said Dharam Chand Jain, I send Lawyers Notice dated 20th November 1987 to the Cooperation Directorate.

 

That after receipt of Lawyers Notice 20th November 1987, the Directorate of Cooperation, changed its strategy, and decided to hold enquiry in the garb of Inspection to be held under Section 92 of the said Act, ignoring the specific legal provisions for the Housing Cooperative Societies. Under the law, Inspection was purely a Departmental matter and outsiders including the members of respective Society cannot be allowed to participate in it, while at the time of enquiry complainants for the enquiry were entitled to present at the time of enquiry. As a result, group of Shrawan Kumar Bhatter not allowed to participate in the garb of Inspection in the arranged enquiry, besides other grounds, including mandatory grounds that membership of aforesaid 7 persons were automatically ceased in accordance with the law, as they refused to accept Allotment made in their favour, as already mentioned.

 

That just for the sake of argument, if the refusal to allow the aforesaid Group of Shrawan Kumar Bhatter to participate in the arranged enquiry, although in the garb of Inspection was a cause of action, than on the basis of the alleged cause of action all the person from the said group of 7 persons should have joined in a single dispute case, of the Cooperative Directorate. But as the object behind formation of the aforesaid group was just to blackmail and to pressurise me for sale of the properties to the Mr. Jhunjhunwala, as such under some strategy or otherwise, on 30th May 1988, out of the aforesaid 7 person just one person namely Shrawan Kumar Bhatter, filed Dispute Case No. 43/RCS of 1987-88 of Cooperative Directorate and one Shri Arjun Mondal, Dy. RCS, was appointed as arbitrator in the matter under Rule 174 of West Bengal Co-operative Societies Rules, 1987 under Section 96(1)( c) of the West Bengal Co-operative Societies Act, to adjudicate the matter in dispute. But, for some malafide reasons or objects and to support blackmailing activities of Mr. Jhunjhunwala, after 66 days from such appointment and in violations of Section 96(2) of the said Act, read with Rule 178 of the West Bengal Co-operative Societies Rules, 1987, without having any fresh appointment of the Arbitrator, the file of the said Dispute Case was handed over to one Mr. N. Goswami to adjudicate the dispute. As such Mr. N. Goswami, from day one of my appearance in said Dispute Case, proceeded in most absurd and illegal manner. Each and every fact relates to such illegality were put on record by me.  

 

That on 6th May 1989 aforesaid 6 Person from the Group of Shrawan Kumar Bhatter also filed two Dispute case No. RCS-112-113/88-89, against me. The Dispute Cases were filed interalia for the stay against revocation of Allotments, which they themselves earlier refused to accept. Most absurd thing was that on the very same day of filing of the Dispute Cases, the Plaintiffs of the Dispute Cases sought Injunction against me on the false claims that I am is avoiding service of the summons. For instance, on 28th August 1989 Mr. N. Goswami, in presence of Shrawan Kumar Bhatter, Prabhu Dayal Sureka, and several others insulted me and threatened me to thrown me out of the Court Room. I put the fact on record immediately by Letter dated 28th August 1989, to Mr. N. Goswami.

 

That when I understood that Shrawan Kumar Bhatter and his group is making false claims about Payments made to me, I lodged an complaint before the Income Tax authorities giving details of actual payments and false claim made by them by Letter Dated 16th November 1989. I also obtained Certified Photocopy from Coperation Directoarte, of a Slip, got forged by the Shrawan Kumar Bhatter, forging my signature.

 

That on 10th January 1990, I filed Appeal No. 3 of 1990 before West Bengal Cooperative Tribunal, against alleged Award pronounced in Dispute Case No.43/RCS/87-88 by Mr. N. Goswami, without having any appointment. In the meantime on 17th January 1990, in the Dispute Case No. RCS/112-113/88-89 one Line Illegal Injunction Order was passed against me.

 

That since the first day of my appearance Mr. N. Goswami, made defamatory remarks against me and refused to show file of the Dispute case to me or my pleader, as such on 17th March 1989, I applied for Certified Copy of the entire Order Sheet of the aforesaid Dispute case No. 43/RCS/87-88. The Certified Copy of the Entire Order Seet was supplied me, on 6th January 1990, only after 9 months about 19 days from the date of my application dated 17th March 1989, only when Mr. Goswami, without having any appointment, pronounced his illegal Award and released the file. However, at the left portion of 1st Page of the Certified Copy, date was corrected by pen, but without having any initial of authority, as such I returned back the same to the West Bengal Co-operative directorate for initial. On 1st February 1990, the selfsame Certified Copy was re-supplied me after noting on the left part of it that “Corrected on verification of record”.

 

That Hon’ble Member of the West Bengal Co-operative Tribunal, called original records of the Dispute Case No.43/RCS/87-88, from the Joint Registrar of Co-operative Societies, and on 5th February 1990, in this respect served notice together with a copy of Memorandum of Appeal, upon the Shrawan Kumar Bhater. After receipt of the said Order dated 5th February 1990, and knew about grounds of Memo in Appeal No. 3 of 1990 of West Bengal Cooperative Tribunal, on 9th February 1990, Mrs. Mira Pandey the then Registrar of the West Bengal Cooperative Societies (hereinafter called and referred as Mrs. Mira Pandey), hurriedly issued illegal but Unofficial Order No. 48, thereby illegally directed the State Of West Bengal to appoint Administrator in the matter of Cooperative Society. At the same time Mrs. Mira Pandey and Mr. Mihir Ranjan Choudhury, ARCS, and group of Shrawan Kumar Bhatter and its Member Prabhu Dayal Sureka, forged 1st and 2nd page of the Order Sheet to insert the name of Mr. N. Goswami as Arbitrator. Upon enquiry, this was become quite clear that the format of the 1st page of the Order Sheet of the dspute cases were used by the Office of Registrar from the Printed Order Sheets. But said forged Order Sheet was prepared on Electronic Type Writer even at the material time office of Registrar was not the facility of the Electronic Type Writer. In the forged Order Sheet, name of the Plaintiff and the Defendants were recorded by the pen and hand of said Prabhu Dayal Sureka, being the member of aforesaid Group of the Shrawan Kumar Bhatter, whose Membership was seized by operation of Law and who was one of the signatory in application for enquiry of the working of the Cooperative Society. He was not a Government Employee as such he was not entitled to fill-up the Order Sheet of the Cooperative Direcorate. However, said Mihir Ranjan Choudhury, ARCS, was also party to said forgery, since he by his own hand and pen, inserted at the just below right corner of the aforesaid forged Order Sheet that “Shri N. Goswami is appointed as Arbitrator in place of Shri Arjun Mondal” , in severe violations of Section 96(2) of the said Act, read with Rule 178 of the West Bengal Co-operative Societies Rules, 1987.

 

That after forgery of the order sheet, on 16th February 1990, respective dealing clerk of the Certified Copies in the Cooperation Directorate, requested me to give back the Certified Copy of the Entire Order Sheet which he re-supplied me on 1st February 1990, after correted on verification of the records, in the pretext that one order is to be inserted in the certified copy of order Sheet. After cross discussions, it was become amply clear that he was directed to convey such false message to me, since Officials wanted to cover up the order which was inserted in the forged order sheet of Dispute Case No. 43/RCS/87-88, under order from Mrs. Mira Pandey. In consideration of such fact, I send protest Letter dated 18th February 1990, to Mrs. Mira Pandey, placing on record that between 2nd February 1990 and 16th February 1990, Order Sheet was forged to insert the name of Mr. N. Goswami. Now, under the Right to Infrmation Act, 2005, I received Certified Copies of First Page of Order Sheets of about 18 dispute cases, fully justifying my charges that aforesaid Order Shee was forged as described above. 

 

That on 17th February 1990, under impact of aforesaid illegal unofficial Order No. 48 dated 9th February 1990, issued by Mrs. Mira Pandey, Government of West Bengal, in severe violations of various provisions of West Bengal Cooperative Act, but relying upon the recommendation of Mr. N. Goswami, which he made without having any appointment or authority, issued an illegal Notification No.673-Coop/A/8A-1/90 appointing thereby an alleged Administrator. In the said Notification out of total 9 (nine) grounds 8 (eights) were repetation of the language of provisions of the West Bengal Cooperative Law, and 9th being the last ground was recommendations of Mr. N. Goswami, which who made without any appointment or authority to do so.    

 

That after refusal by me to give back the Certified Copy of entire Order Sheet of Dispute Case No.43/RCS/87-88, which was re-supplied me on 1st February 1990, on 19th February 1990, the particular Officer, who earlier signed the Entire Certified Copy of the aforesaid Dispute Case No.  43/RCS/87-88, in his capacity as authorised signatory, under the criminal connivance with Mrs. Mira pandey issued Memo Letter No. 1602, with false claims caused and created under after thought, that one order was omitted inadvertently at the time of supply of the Certified Copy.

 

That in considerations of the forgery of the order sheet of Dispute case No. 43/RCS/87-, on 20th April 1990, I filed Application under Section 340 Cr.P.C. before West Bengal Co-operative Tribunal, against Shrawan Kumar Bhatter and other Accused including Mrs. Mira Pandey (Senior I.A.S.), Mr. N. Goswami, C.D.O., against forgery of the said Order Sheet, with prayers to Hold preliminary enquiry in to offences committed under 120-B, 194, 196, 199, 200, 205, 209, 463 and 471 of Indian Penal Code and after recording a finding send a complaint to the Learned Chief Metropolitan Magistrate, at Calcutta. The said application was registered as Misc. Case No. 3 of 1990.

 

That on 25-26th July 1990, I filed four (4) Appeals as Unregistered Appeal Nos. 15, 16, 17, 18 all of 1990, before West Bengal Cooperative Tribunal. These Appeals were numbered as Unregistered Appeals sicne certified copies of the impugned orders or Notification were due. After receipt of the Certified Copy of the Notification, on 17th August 1990, I filed the same on 29th August 1990, and by order dated 5th September 1990, it was registered as Regular Appeal No. 32 of 1990, against Un-registered Appeal No.16 of 1990, after satisfying about the limitation point. But, before it in or about 3rd September 1990, Mr. A.K. Bhattacharya, the then learned Member of West Bengal Cooperative Tribunal dismissed the Un-registered Appeal No. 15 of the 1990, on the alleged grounds that the certified copy is not filed, which in fact was withheld by the West Bengal Cooperation Directorate, with malafide intention to got obtain such order.

 

That in considerations of constant blackmailing activities prevailed against me, with the help of Cooperation Directorate of West Bengal, I met with one Shri Dilip Kumar Chakraborty, Ex-MP, who personally meet and also wrote Letter dated 9th March 1990 to Shri Bhakti Bhusan Mandal, the then Minister of Cooperation, West Bengal. After Letter from Prof. Dilip Chkraborty, Ex-M.P., I meet several times with Shri Bhakti Bhusan Mondal, who finally directed Mr. A. M. Mazumdar, the Joint Registrar of Cooperative Societies (Housing) CMAH, to arrange a Joint Meeting in his chamber and made instruction on my representation dated 27th March 1990, thereby asked to Mr. Mazumdar to “look into the matter”. However, a joint meeting was called on 25th April 1990 and started at the Chamber of the Minister situated at Writers Building, where Mr. Mazumdar and I myself were present. After commencing the meeting, Minister instructed me to submit my matter. At this stage said Mazumdar wanted to say something secretly, as such I moved for time being out of the Minister’s Chamber. Within about 30 seconds or so, said Mr. Mazumdar come out of the Minister’s Chamber and informed the personal assistant to the Minister that he had finished his job and going back to his office. Thereafter, when I entered in the Chamber of Minister, he not recognises me as well as Shri Dilip Kumar Chakraborty, Ex-MP and refused that he had called any Joint Meeting. With such surprising experiences, I return back.

 

That on 13th July 1990, on the basis of my aforesaid experiences, I wrote a Letter to Shri Bhakti Bhusan Mondal, that in consideration of absurd experiences of 25th April 1990 this is clear that mind of the Minister is not competent to hold such important office, so in the larger public interest he should resign. After going through the said Letter, and under angriness, Minister sends a Memo Letter to Chief Secretary of West Bengal to withdraw Mrs. Mira Pandey from his Department. This is presumed that when this fact was placed in the notice of Shri Jyoti Basu, Minister was compelled to withdrawn his aforesaid Memo Letter and even admitted before the Press that he might have sent said Memo Letter under mistake. His statement was published on 21st September 1990 in the Newspaper.

 

That when Misc. Case No. 3 of 1990 was filed against forgery of order sheet of dispute case No.43/RCS/87-88, under Section 340 of Criminal Procedure Code and reached at a crucial stage, Mr. A. K. Bhattacharya, the then learned Member of West Bengal Cooperative Tribunal (hereinafter called and referred as Mr. A. K. Bhattacharyya), who was just at the verge of retirement, reportedly was granted allotment of some properties from the Chief minister’s quota, as gratification to pass Injudicious Orders against me, under misuse of his Judicial Office. The report of the aforesaid allotment was given me by a staff member of the Tribunal. Under the impact of such reported sudden Allotment letter from the Chief Minister’s Quota, Mr. A. K. Bhattacharyya, changed his behaviour against me, as such on 6th September 1990, also made some unexpected and unwarranted comments. Considering such comments I sent letter dated 6th September 1990, to Mr. A. K. Bhattacharyya, to clarify my position, against such comments. In fact after aforesaid Allotment, Mr. A. K. decided to abuse his Judicial Powers in judicial process against me, and passed several orders in serious abuse of judicial process.

 

That on 8th November 1990, one Mr. Milon Chandra Bhattacharjee, Advocate, the then Government Pleader, appeared on behalf of Mrs. Mira Pande and 3 other accused by filing Vakalatanama and in presence of me and others including Mr. Sudhir Kumar Dey and one Mr. Talwar, both from Cooperative Directorate, and Lawyer of Shrawan Kumar Bhatter Mr. N. Khaitan, Advocate, and Shrawan Kumar Bhatter himself, started to influence my lawyer Mr. Diwakar Pandey, Advocate. Such criminal misconduct of Mr. Milon Chandra Bhattacharjee, Advocate was referred and recorded by me in Letter 8th November 1990, to Mr. Milon Chandra Bhattacharjee, Advocate.

 

That it was already transpired as already mentioned that after aforesaid Allotment Mr. A. K. Bhattacharyya, decided to abuse his Judicial Powers in judicial process against me. For instance on 15th January 1991, he dismissed Un-Registered Appeal Nos. 17 and 18 of 1991, on complete flimsy grounds that “No separate petition for condonation of delay has been filed though it is palpably clear that the instant appeal was filed long after the expiry of the prescribed period.” While fact remains and can be verified from the same order that the date of application for the certified copy was made on 29.1.1990 and it was obtained by me not before 23.11.1990” The impugned Order was dated 17.1.1990 and certified copy was filed on 29.11.1990. Therefore, even if Appeal could have been filed upto 5th December 1990, no separate petition for condonation of delay was required under the Law. However, absurd proceeding was crossed its all limits on 18th January 1991, when I myself and my Advocate were present in the Tribunal Court, and Ld. Mr. A. K. Bhattacharyya, immediately after entering in the Tribunal Court Room, but before sitting on the Chair informed my Advocate, that my case of the day (i.e. the said Misc. Case No.3 of 1990 against aforesaid forgery of Order Sheet) is dismissed. After sitting on the Chair Mr. A. K. Bhattacharyya, started dictating of the order interalia that: “None appears for the appellant (which was I myself). No steps taken till 12.05 p.m. The learned Advocate on record is also absent on repeated calls. It shows that the appellant is not interested to proceed further with the hearing of the Misc. case.” and “ORDERED That the Misc. Case No.3/90 stands dismissed for default without any cost.” at this stage my lawyer Ld. Mr. Diwakar Pandey, Advocate raised strong objection against such false recording. At this stage Mr. A. K. Bhattacharyya, replied that “you go wherever you likes, truth is only which is recorded by me in the Order”. After order was dictated and was typed and given to the Advocate of the Respondent / Accused No.1 in the said (Shrawan Kumar Bhatter) Misc. Case No. 3 of 1990 to sign it, My lawyer also wanted to sign the Order Sheet. At this stage Mr. A. K. Bhattacharyya, instructed my lawyer not to mention any thing else except his signature. My Lawyer signed and put the time as 12.07 p.m. after verification from Mr. A. K. Bhattacharyya, just under his signature in the Order Sheet. In fact after hearing about the aforesaid allotment from the Chief Minister’s Quota in favour of Mr. A. K. Bhattacharyya, and in considerations of the aforesaid comments made on 6th September 1990 by Mr. A. K. Bhattacharyya, I decided and prepared a Petition to file on 18th January 1991 before the Tribunal, but under the aforesaid circumstances, I was not allowed to file the same, as such same was lying with me, thus immediately after coming down from the Building, and mentioning at the left upper corner of the said Petition, about the aforesaid false and absured recording in the order Sheet, though allowing my Lawyer to sign and put the time, which was proof of the false recording of the order sheet, and Posted the same by name to Mr. A. K. Bhattacharyya, by Registered Post, from the Post Office, which is exists in the self-same building of the Tribunal. Thereafter, by misusing his judicial office, on 16th April 1991 Mr. A. K. Bhattacharyya, also dismissed said Appeal No. 32 too and Misc. Case No.1 of 1991 on some pretext, but without applying his judicial mind.

 

That Memorandum dated 5th September 1990 was written in English, while I received reply in Bengali (though till then Bengali was not declared as a Official Language by the West Bengal Government) by Memo Letter No. 329 Coop/H/3P/2/83(1) dated 24th January 1991, from Cooperation Department. The subject matter in the reply was adopted not from the heading of the Memorandum, but from its 7th Page, referring therein that Chief Minister of West Bengal received Memorandum. But, in spite of assurances given for appropriate action in the said reply letter, no action was taken.

 

That on 1st April 1991 I filed unregistered Appeal No. 4 and 5 of 1991, before West Bengal Cooperative Tribunal, but most surprisingly and under criminal connivance files of the aforesaid Appeals were missing or got stolen by Mr. Mihir Ranjan Choudhury, ARCS, Secretary of Tribunal, who was party in forgery of the aforesaid Order Sheet of the Dispute Case No. 43/RCS/87-88. During the same period going through the hand writing of the Mr. Mihir Ranjan Chowdhury, the then Secretary of Tribunal, I came to know about indulgence of Mr. Choudhury in the forgery of Order Sheet of Dispute Case No. 43/RCS/87-88, as such by my Letter dated 10th April 1991 placed the same on record. With regards to the abuse of the judicial proceedings by Mr. A. K. Bhattacharyya, my Advocate also warned me in writing by his letter dated 16th April 1991, as on this day Appeal No. 32 of 1990, filed by me was dismissed on the alleged grounds that I filed Stay Petition without any Affidavit. 

 

That in the Title Suit No. 348 of 1987 of the Ld. Court of the 5th Munsif, Alipore, out of 23 individual defendants 12 defendants admitted my claims, through compromise Petitions. Out of rest 11 defendants ten not appears in the Suit. The only defendant being the aforesaid agent of Mr. Jhunjhunwala Mr. Shrawan Kumar Bhatter appeared and opposed the Suit. I filed a petition that the execution of the Sale deeds were executed under fiduciary relationship between me and individual defendants and even under the Benami Transaction (Prohibition) Act, 1988, are legally valid. Therefore, this issue should be decided first. But, under the embracement from the Mafiadom, Ld. Presiding Officer of the Ld. Court of Munsif Court on 23/29th May 1992 dismissed the Suit, in gross violation of principal of natural justice and without considering my said application.

BLACKMAILING WITH THE HELP OF MY TENANTS:

That at the time of purchase of the aforesaid properties there were 44 inhabitant families / Tenants, including one Sukumar Das under pendent Ejectment Suits. Since my childhood I am a social-minded person, as such, immediately after purchase of the properties, I offered rehabilitation proposals to tenants, under pendent Ejectment Suits. Knowing about such proposal, one Local but influential CPI (M) Leader Mr. Kamlesh Chandra Chatterjee in the garb of leader of the tenants, entered in the matter, just to exploit illegal personal benefits from the behind the scene. As a result, under his constant abetments and instigations, tenants started criminal blackmailing against me. Considering constant and regular such blackmailing activities, I sent Letter dated 29th December 1982, by Registered Post to Police and Leaders of the tenants, informing thereby, my intention to offer rehabilitation to all the then 43 tenants. 

 

That on 9th January 1983, in a joint meeting, held at Ajanta Cinema, and was attended by Leaders of the Tenants including said Kamlesh Chandra Chatterjee, I myself and representatives of the Tenants, in which my proposal was appreciated and accepted by the Tenants and their Leaders except Kamlesh Chandra Chatterjee. But, subsequently, under ill advice from said Kamlesh Chandra Chatterjee tenants including the Sukumar Das started to create more and more pressures upon me for payment of money.

 

That on 4th June 1983, the then presiding officer of Learned 5th Court of Munsif, Alipore, Mr. Jayanta Das Gupta (hereinafter called as referred as Mr. Dasgupta), passed orders in 36 Ejectment Suits (in the nature of analogous hearing) pending against my tenants including said Sukumar Das. But, under embracement from Ld. Mr. Timir Baran Banerjee, Advocate and his junior Ld. Mr. Kalyan Kumar Ghosh, Advocate and under connivance with my the then Counsel Ld. Mr. Aloke Nath Ghosh, Advocate, subsequently said order was not recorded, whereas recorded orders, which were not passed during the Court Proceedings. When I taken steps against such anomaly, than even wrongly recorded orders were also removed or changed. Such development was happened as Shri Kamlesh Chandra Chatterjee, under malafide intentions, misused his contacts with said Mr. Timir Banerjee, Advocate of Alipore Court (Kolkata) to embrace Mr. Dasgupta to cause severe damages in the Court proceedings of the Ejectment Suits pending against the aforesaid tenants. As such between 8th June 1983 and 27th July 1983, Mr. Dasgupta misusing his position as Learned Munsif, Alipore 5th Court, caused severe interpolations in order sheets of several suits. From the Certified Copy of two orders both No. 10 and both passed in Title Suit No. 265, it appears that order passed on 4th June 1983, was removed subsequently. Certified Copies contaning both the Orders, were filed by me before Kolkata High Court with the respective Revision Petition.

 

That after knew about such interpolation in the Orders in several Suits, between 13th July 1983 and 26th July 1983, I also filed 19 Application under section 340 of Criminal Procedure Code, in respect of the Title Suit No. 266, 220, 226, 229, 249, 222, 258, 257, 227, 270, 265, 267, 277, 253, 268, 275, 252, 256 and 254 all of 1982, before the said Court of Munsif itself. Initially Mr. Dasgupta withheld such applications, with him, but, on 27.7.1983, applications were recorded as Misc.Case No.77 to 95 all of 1983. In September 1983, I also filed 31 Revision Applications and placed detail facts of interpolations in Order Sheets before Hon’ble Kolkata High Court.

 

That on 16th September 1983, aforesaid Tenants including Sukumar Das filed Title Suit No.108 of 1983, before the Learned Court of 7th Sub-Judge Alipore, against me and my Cooperative Society and obtained ex-parte Ad-interim Injunction Order. After knew about Injunction Order, I filed appearance in the Suit and admitted before the Ld. Court that I have no intentions to remove any Tenants without due process of Law. Thereafter on 4th October 1993 Ad-interim Injunction Order was modified. However, aforesaid Injunction Order earlier passed against me was no way helpful for the blackmailing objects of the Tenants including Sukumar Das and Kamlesh Chandra Chatterjee.

 

That on 22nd September 1983, tenants accepted another rehabilitation proposal, but once again under abetment from Kamlesh Chandra Chatterjee, this time too it was not materialised. Whereas blackmailing activities, were continued against me, without any rest, from the Tenants. After several negotiations and modification in the rehabilitation proposal, each was offered by me, on 10th October 1983, written agreement was held that compromise Petitions for the Ejectment Suits would be approved by Shri Som Nath Chatterjee, M. P.

 

A Joint Meeting of the representatives of the Tenants including the Sukumar Das, Local CPI (M) Leader (which meeting was not attended by Kamlesh Chandra Chatterjee with malafide intention) and myself at the residence of Shri Som Nath Chatterjee, M.P., were held on 20.10.1983, in which one Learned Mr. Pranab Chatterjee, Solicitor was also present under instructions from Shri Som Nath Chatterjee, M.P. After discussions and acceptance of proposal of rehabilitation offered by me, with certain technical amendments, Shri Som Nath Chatterjee, M.P. instructed to Learned Mr. Pranab Chatterjee, Solicitor to check the Compromise Petitions prepared by me and make necessary amendments in accordance with the discussions held in the meeting. Accordingly Learned Mr. Pranab Chatterjee, Solicitor by his own hand and pen, checked and corrected the draft of Compromise Petitions prepared by me and delivered it back to me. But once again under abetment and instigation from Kamlesh Chandra Chatterjee compromise was not materialised.   

 

That after knew about Revision Petitions filed by me a plot was hatched under connivance between Ld. Mr. Timir Baran Banerjee, Advocate, his Junior Ld. Mr. Kalyan Kumar Ghosh, Advocate and the then Presiding Officer of the 5th Court of Munsif, Alipore Ld. Mr. Jayanta Kumar Dasgupta. Accordingly, on 25th November 1983, I was lifted by force with the help of the Court staff, from the Court compound in presence of about 500 litigants, Advocates and others. Under grace of the God when I was lifted by force, one senior reporter of the Telegraph was also present there, who collected requisite informations and published the true story within a Box News item in the Telegraph’s issue dated 29th November 1983. After released on bail, from the said Criminal Case, I wrote letters dated 14th December 1983, to Chief Justice of India and other judicial authorities, than the Hon’ble High Court at Kolkata, enquired the matter. On 23rd December 1983, I also filed an application for according sanction to prosecute Shri Jayanta Kumar Dasgupta. The matter was also published in detail in renowned Bengali Newspaper: Ananda Bazaar Patrika dated 4th January 1984.

 

That on 28th December 1983, tenants with active participation of Sukumar Das and with the help of one anti-social Gopal Das stolen my Generator set and Type Writer from the site office and sold it at two different places. KOlkata Police caught the purchaser of the Generator-Set, but under political influence subsequently Plice from Behala Police Station taken no actions against criminals. Reference: Behala Police Station Case No. 91(12)83 dated 29th December 1983.

 

That on 17th February 1984 Ld. Mr. Srikanta Bhattacharyya, Advocate, manipulated the impact of the detailed Order No. 10 dated 4.10.1983, passed in Title Suit No. 108 of 1983 of Ld. Court of 7th Assistant District judge, Alipore, by issuing a Certificate in his letter head under heading “TO WHOM IT MAY CONCER”. After knowing the same, I served a Lawyers Notice dated 27th February 1984, upon Ld. Mr. Srikanta Bhattacharyya, Advocate. After few correspondences, he left from the said Suit. On the strength of the clarifications arrived from the aforesaid Suit, which was filed by the Tenants, I was able to construct boundary wall surrounding the entire properties. But prior to that when tricks was failed to restrain me from the construction of boundrywall, on 29th February 1984, tenants filed a Petition under Section 144(2) of Cr. P. C. against me and at the same time they hurled brickbats and Bombs upon my Labours. Reference: Behala Police Station Case No. 106(2)84 dated 29th February 1984.

 

That on or about 2nd March 1984, some of the Tenants including Sukumar Das and one anti-social Gopal Das were busy in manufacturing of the Bombs, withsole object to kill me. During the manufacturing process of the Bombs, Cigarette ash was fallen on the materials accumulated for the manufacturing of the Bombs. As a result a serious blast was taken place, in which said anti-social Gopal Das and one tenant were burnt seriously. A false story was created, by aforesaid Kamlesh Chanda Chatterjee, in connivance with the tenants. Said Gopal Das, was Bengali by birth, but under abetment from Kamlesh Chandra Chatterjee a false First Information Report was lodged by one Oriya Lady Tenant, claiming him her own brother as by birth Oriya, further claiming that some of my alleged agents thrown Acid Bomb upon the said Gopal Pal. Thereafter, Kamlesh Chandra Chatterjee meets with Shri Snehangshu Acharya, the then Advocate-General of West Bengal, representing his aforesaid self-same false story. Resultantly, Shri Snehangshu Acharya telephoned to Director General of West Bengal Police to arrange my arrest. As such the then Superintendent of South 24-Parganas Mr. K. K. Kalia, I.P.S., and the then area Deputy Superintendent of Jadavpur, Shri Md. Nizam rushed to Behala Police Station and Armed Police were deployed at my property. That one honest C P I (M) Leader was present at Behala Police Station, when Senior Police Officers reached at the Behala Police Station and discussed the whole matter in his presence, as such he informed through some one to me that Police is coming to arrest me. Before Police could have started to rush for my arrest, during the discussions, some doubts in the mind of the then Superintendent of Police Mr. K. K. Kalia were cropped up about the authencity of said story, as such he instructed Shri Md. Nizam to go personally and see and visit the burnt persons, in the Hospitals. After coming back Shri Md. Nizam, reported that the burning of the both victims were not from any Acid Bomb, rather map of the burning is amply clear that they were engaged in manufacturing of the Bombs, when fire was caught. As a result, Superintendent of Police, South 24-Parganas Mr. K. K. Kalia, I.P.S. instructed to local Police Officers not to arrest me. I was not aware about such subsequent developments, as such on 5th March 1984, my Lawyer moved anti-cipatory bail application on behalf of me, at that point of time the then Presiding Judicial Officer of the Court of District Civil & Sessions Judge, Alipore, says in open Court that he was Telephoned by Shri Snehangshu Acharya, the then Advocate-General of West Bengal, not to grant anti-cipatory bail to me. Ld. Judge further commented that during his enquiry with regards to the matter relates to said Mr. Jayanta Kumar Dasgupta, he find me a different face of me, but by this matter as referred by Shri Snehangshu Acharya, he was socked that I might be a criminal. However, in spite of all such remarks, Hon’ble District Judge granted temporary anti-cipatory bail for me and directed the Police to present case Diary of the matter. When case Diary was presented before the District Judge, Police said that No case is pending against me in the respective matter. However, after knew about information regarding aforesaid telephone by the Advocate General to District Judge, on 7th March 1984 I send my strong worded protest Letter by Registered Post to Kamlesh Chandra Chatterjee, with copies to District Judge, Alipore, Advocate-General of West Bengal Shri Snehangshu Acharya, Advocate General of Tripura Shri Dipak Kundu (who then were knows personally to me) Police Authorities and District Secretary C.P.I.(M) Party. After receipt of the said Letter Shri Acharya directed Intelligence Branch, of West Bengal Police to enquire the whole matter, which was done, and a detail report was prepared. Now under Right to Information Act, 2005, Police denied existence of any such Report. Reference: Behala Police Station Case No. 4(3)84 dated 2nd March 1984.

 

That on 10th April 1984, I filed Writ Petition No. C.O. 4044(W) of 1984, for the Police help, before Hon’ble High Court of Calcutta, and after hearing of the same appropriate order was passed. But, within few days, without filing any written Affidavit or petition, learned Mr. Dipankar Gupta, Bar-at-law, appeared in the matter on behalf of the Respondents therein including Sukumar Das and made sentimental pleadings before Hon’ble Court that he is appearing on behalf of his poor driver, (according to him I was intended to remove his driver, which was totally false and baseless) without taking any fees, as such under impact of such sentimental verbal pleadings Hon’ble Court stayed its said earlier Order dated 10th April 1984.

 

That in the mean time the Tenants including Sukumar Das with malafide object to paint me as a dreaded Criminal distributed one Phumplate. In the said Phumplate alleged letter from Mr. Som Nath Chatterjee M.P. was referred quoting that “I had never myself recommended any settlement or finalized any draft for settlement of the case”. After going through the said Phumplate I sent photocopy of the Compromise Petition Draft prepared by me, which was corrected by Ld. Mr. Pranab Chatterjee, Solicitor, under instruction from Shri Som Nath Chatterjee, M.P., through my Letter Dated 7th May 1984, to Shri Som Nath Chatterjee, M.P. Reportedly, thereafter, aforesaid letter earlier written by Shri Som Nath Chatterjee, M.P. was withdrawn from the locality.

 

That in the Writ Petition No. C.O. 4044 (W) of 1984, subsequently, Respondents including aforesaid Sukumar Das filed their Affidavit-in-opposition, based on the total false statements. On 9th May 1984, the Hon’ble Court, without considering the matter on merit, withdrawn said earlier order dated 10th April 1984, under the influence of aforesaid sentimental pleadings made by Shri Dipankar Gupta, Bar-at-law, in violation of his ethnic duty as an Advcate. On 2nd August 1984, I send protest letter to Ld. Mr. Dipankar Gupta, Bar-at-Law, against his aforesaid sentimental pleadings before Hon’ble High Court, which was made by him without examining the truthfulness of statement of his driver and other respondents therein, thus he helped blackmailing activities of te tenants. 

 

That subsequently, said Gopal Das was released from Hospital. He was in serious need of subsequent treatment with valuable Ointment. As such, he met with my Tenants including Sukumar Das, for whom he was engaged in manufacturing of the Bombs and then was injured. Since his use was no longer required by the Tenants, they throwned him out, from the area. Thereafter, under advice from some one, said Gopal Das met me for medical help on humanitarian grounds. Considering his activities and backgrounds, I taken him in the Police Station, where the then In-charge of Police Station, ask him to reveal the real story behind his burning, then he revealed the real story related to his engagement in manufacturing of the Bombs, along with Tenants including Sukumar Das. At this stage, I ask said Gopal Das, that without any pressure first of all he must put the matter on record, than only I can help him. Gopal Das placed entire story on paper in Bengali script, written through the hand and pen of his wife, which was translated in English and printed in Stamp Paper and placed before One Executive Magistrate, 24-Parganasd as an Affidavit. In consideration of the mater of serious in nature said affidavit was rejected, by the respective Executive Magistrate, although same was numbered as document No. 5887 dated 14.5.1984. After going by the aforesaid handwritten noting and said rejected Affidavit concerned Police Officer advised the said Gopal Das, that if he can show courage to admit the truth, Police will arrest him and forward before the Judicial Magistrate, for his confessional statement, but same can cause problem for him too, because he may be punished for his involvement in the manufacturing of the Bombs. Gopal Das was ready to confess the real story, as such Police arrested him and send before Judicial Magistrate, where he revealed the entire story in real verbatim in which he further revealed the story related to theft of my Generator Set and Type Writer, on 28th December 1982. On the basis such confession, Kolkata Police recovered Generator-Set, but Behala Police taken no further actions in the matter with clear object to protect the accused persons in the aforesaid matters, particularly Sukumar Das. Now, under Right to Information Act, 2005, I wanted Certfied Copy of the aforesaid Confessional Statement made by said Gopal Das, but denied its existence. Either they made false statement, because confessional statement made by the aforesaid Gopal Das was made after few days from his arrest, and also should have been recorded in the Order Sheet of the said Case. If the said Statement is not in the Record of the said Criminal Case, it means that same must have been removed from the records of the aforesaid criminal case, certainly, under some criminal conspiracy.

 

That after enquiry I was discharged on 30th August 1984, from the said false Criminal Case, which was lodged at the behest of the then Munsif, Mr. Jayanta Kumar Dasgupta, on 25th November 1983, after lifting by force to me, while reportedly within 7/8 days from my discharge from the case, on 6th September 1984, Hon’ble Kolkata High Court dismissed Mr. Jayanta Kumar Dasgupta, from Judicial Service, as first such case in Indian Judicial history.

 

That between 19th September 1984 and 14th January 1985, Tenants further filed three consecutive Applications under section 144(2) of Criminal Procedure Code with false representations, and when in each one, I filed Application Under section 144(5) of the Criminal Procedure Code, Petitioner of such cases become absentee and each case was closed under Section 144(5) of the Criminal Procedure Code. 

 

FIRST TIME IT APPEARS OPENLY THAT SHRI JYOTI BASU MISUSED HIS POWERS TO SUPPORT BLACKMIAILING ACTIVITIES OF LAND MAFIA:

That on 23rd January 1985, I received a written message from Deputy Superintendent of Police, Jadavpur to meet him immediately. On 30th January 1985, I met with Shri Md. Nizam, the then Deputy Superintendent of Police, Jadavpuur, and understood that Md. Nizam was aware about me, since he enquired the matter of injury of said Gopal Das and one tenants caused by manufacturing of the Bombs by themselves, as such he shaw me, one written order issued under signature of Shri Jyoti Basu, thereby directing the District Magistrate 24-Parganas to remove me from my absolute properties on false claim that properties is belonged to one adjudged Chea Chittarnajan Ganguly. After going through the said order, the then District Magistrate 24-Parganas, Mrs. Ranu Ghosh, I.A.S., forwarded it to Shri Md. Nizam, the then Deputy Superintendent of Police of Jadavpur, with instructions to comply the order of the Chief Minister. After seeing the aforesaid Order from Shri Jyoti Basu and instructions from District Magistrate, I offered to Mr. Md. Nizam to hand over the keys of the properties against the appropriate receipt, but, Mr. Md. Nizam replied that he don’t want to do any thing illegal, if I have to say anything he will allow me to say. Thereafter, I submitted a written letter dated 1st February 1985 to Shri Md. Nizam, with copies to Shri Jyoti Basu and Mrs. Ranu Ghosh, against misuse of the Powers under false representations. After receipt of the aforesaid letter dated 1st February 1985 from me, Mrs. Ranu Ghosh, IAS, the then District Magistrate, 24-Parganas, has issued fresh orders withdrawing her earlier order. This was conveyed by Md. Nizam when he called me again by message dated 22nd February, 1985.

 

SEVERE ATTEMPT TO MURDER ME WAS COMMITTED UNDER A PLOT HATCHED BY MR. JHUNJHUNWALA, CHUNI LAL MUKHERJEE AND CHITTARANJAN GANGULY

That after February, 1986, Mr. Jhunjhunwala tried to develop friendship with me, even some time with fraudulently claiming that he is going to Golf Club, thus dropped me at my residence, with object to develop contacts with the alleged members of the my Cooperative Society including Shrawan Kumar Bhatter, who were living in the same building, where then I was also living. After the entire R. S. Plot No. 205 was get vacated from the respective Tenants, some time in the month of June 1986, Mr. Jhunjhunwala, Chuni Lal Mukherjee and his some other associates meets secretly with my Tenants including Sukumar Das, those still residing at R. S. Plot No. 194 and abetted them to kill me. Accordingly, a plot was hatched and on 18th July 1986, a severe attempt to murder me was committed, in which I suffered 42 stab wounds in my body. When I was in Hospital Mr. Jhunjhunwala, visits me allegedly to know my health conditions. During such visits he developed contact with father of Shrawan Kumar Bhatter and instigated him to create pressure on me for sell of the property. Reportedly under gratification from Mr. Jhunjhunwala, Shri Bhola Nath Mukherjee, Area Councilor, acted as middlemen to help one of the accused to get bail out from the criminal case of Attempt to murder me. In consideration of such information I send Protest Letter dated 5th August 1986, to Shri Bhola Nath Mukherjee, Councilor.

EXPOSURE OF MR. JHUNJHUNWALA AND HIS PROXIMITY WITH SENIOR POLICE OFFICERS.

That when aforesaid attempt to kill me was failed, Mr. Jhunjhunwala got created a letter allegedly have been written by my Ex-Tenants, who were ejected from respective Rooms situated at R. S. Plot No. 205, under Execution proceedings, and vacated themselves, after recording their admission to do so, before the Ld. Court. In the said created letter, I was described as a dreaded criminal with false allegations that I removed tenants by force with the help of Pistol etc. After going through the said created letter I understood that the story referred therein is totally false, frivolous and created by some one with some ulterior motive, as such I taken no care of it. Mr. Jhunjhunwala sent said created Letter by his covering Letter dated 5th August 1986, which he got received under his own plan through Registered Post.

 

That I was eager to know that who was behind the said created letter which was forwarded by Mr. Jhunjhunwala through his covering letter dated 5th August 1986, as such when aforesaid ejected tenants, visited me at my residence to know about my health after attempt to murder, I shown them photocopy of the said created letter. They were not only surprised, but also declared that letter is not sent by them rather is a forged one. As such I ask Mr. Jhunjhunwala about authenticity of the Letter, which was never given. However, considering non-impact of the said created letter, Mr. Jhunjhunwala created another false story and conveyed it to me. After knew about alleged information (with a new but false and created story) from the Mr. Jhunjhunwala, strong doubts were cropped up in my mind about the Role of Mr. Jhunjhunwala that he himself might be behind the Plot to severe attempt to murder me. In the meantime I also received reports about aforesaid secret meeting of the Mr. Jhunjhunwala with the tenants. As such I ask the Mr. Jhunjhunwala through letter dated 28th October, 1986, posted through Registered Post to confirm the alleged information in writing. As such Mr. Jhunjhunwala confirmed the same by his letter dated 5th November 1986, which showing his close proximity with the then Police Commissioner of Kolkata Police Mr. B. K. Basu, as such he did not hegitate to conform the said false story created by him. 

 

That fake story conveyed and conformed by Letter dated 5th November 1986, by the Mr. Jhunjhunwala was open threat to me that I can be removed from the Properties, with the help of the then Commissioner of Kolkata Police, Mr. B. K. Basu. As such, I requested Mr. Bikas Kali Basu, I. P. S., the then Commissioner of Kolkata Police, through letter dated 26th February 1987, sending him photocopy of the aforesaid confirmation letter dated 5th November, 1986 from Mr. Jhunjhunwala, by Registered Post mentioning therein that since his name is dragged in the said story, he should find out the alleged Advocate, as was mentioned by Mr. Jhunjhunwala, n his said Letter. Under the proximity with Mr. Jhunjhunwala Mr. Basu instead of asking Mr. Jhunjhunwala about the alleged advocate who mentioned the name of Mr.Basu, Office of the Kolkata Police obeviously under instructions from Shri B K Basu, and to cover-up the matter, sends two letters dated 11th March 1987 and 16th April 1987 to me, proving that Mr. Jhunjhunwala has close connections and proximity with very powerful politicians and bureaucrats, including Shri Bikas Kali Basu.

 

BLACK MAIL BY CHUNI LAL MUKHERJEE IN CONNIVANCE WITH THE RESPECTIVE POLICE OFFICER:

That during the same period Mr. Chuni Lal Mukherjee, on behalf of the Mr. Jhunjhunwala decided to encroach upon my properties. After knew about his intentions I send him Lawyers Notice dated 13th February 1985 through Registered Post to Mr. Chuni Lal Mukherjee, against his intentions. After receipt of the Lawyers Notice Mr. Chuni Lal Mukherjee, changed his strategy and under connivance with the Police, lodged a false Criminal Case No. 54(2)85 dated 19th February 1985 that I demanded Rs.20,000/- from him. The object of such false case was to get arrested me, if I try to restrain Mr. Chuni Lal Mukherjee, from encroaching the property. As such, I filed Civil Suit against Mr. Chuni Lal Mukherjee. Considering its implications Mr. Chuni Lal Mukherjee, stopped his malafide activities against me for time being, and finally on 6th February 1986, by a letter to Police with copy to me admitted that the Criminal Case being Behala P.S. Case No. 54(2)85 filed by him against me was based on untrue informations. But, now information received under Right to Information Act, 2005, suggesting that Original Letter was not handed over to Police by Mr. Chuni Lal Mukherjee, for some malafide intention.

 

DEVELOPMENT OF NEXUS BETWEEN SHRI JYOTI BASU AND LAND MAFIA:

                                   That Nexus between the Mr. Jhunjhunwala, his relations including Mr. Kedar Nath Fatehpuria were developed with Shri Jyoti Basu, the then Chief Minister of West Bengal, in or about in the year of 1985, through Mr. S. K. Todi, when fire was caught in a portion of the New (Hogg) Market; being a famous market of the Kolkata since the English regime. Kolkata Municipal Corporation was owner of the Market, and it’s the then Mayor was Shri Kamal Basu. Under some unholy arrangements, rebuilding Contract for said burnt portion of New (Hogg) Market was staged in such a way, that same could be awarded only to M/S. Martin Burn Limited a Company controlled and managed by Mr. Jhunjhunwala and his relations. Under the contract M/S. Martin Burn Limited was allowed to lease out about 97, 000 Square Feet market area after it’s rebuilding, at their own premium. Premium payable by M/S. Martin Burn Limited to Kolkata Municipal Corporation was fixed just Rs.1.08 Crores against the then prevailing premium in the vicinity premium for the said contract should have been much more than of Rs. 15 Crores. This is needless to be mentioned here that the aforesaid contract was not just single one, but on the similar manner, several other contracts were given in respect of various public properties including several belongs to Kolkata Municipal Corporation. In these matters, said Shrawan Kumar Todi alias Shri S K Todi, special friends of Shri Jyoti Basu, adopted main role, whos building Todi Mention was allowed to construct in severe violations of all building Rules and Laws. In or about 1983, during his good relationship with me, Mr. Todi admitted that every week one time’s diner or lunch of Shri Jyoti Basu was fixed at his residence. After the said contract in favour of the M/S. Martin Burn Limited, Mr. Jhunjhunwala started to convert himself as Land Mafia thus he started to corrupt officials of the Kolkata Municipal Corporation. After succeeding in it, he decided to grab various properties through illegal means and methods including blackmailing with the help of the Kolkata Municipal Corporation, as I was suffered and experienced. Resultantly, Mr. Jhunjhunwala, finally become unscrupulous businessmen then Kolkata Land Mafia, with the help, support and protections from Shri Jyoti Basu, the then Chief Minister of West Bengal, and his Government Machinery, Shri Kamal Basu, the then Mayor of Kolkata Municipal Corporation and Corporation machinery. In view of the experiences suffered by me, it was become quite clear that entire administration of the Kolkata Municipal Corporation started to work as the private office of Mr. Jhunjhunwala. Whenever I approached concerned authorities of the State Government including Police or Kolkata Municipal Corporation against any specific atrocity suffered by me, or any complaint against any illegal sanction of the Building Plans in favour of the companies of Mr. Jhunjhunwala, instead of any action, every time magnitude of the atrocities against me were enlarged. In respect of the said contract for rebuilding of burnt portion of New (Hogg) Market, Several News published. Under the Kolkata Municipal Corporation Act, functioning of the Kolkata Municipal Corporation is covered under Supervision or Control of the State Government, since it’s highest Office of Municipal Commissioner is appointed by State Government. In the year of 1984 - 85, Shri Kamal Basu, become Mayor of the Kolkata Municipal Corporation on the mercy of Shri Jyoti Basu. As a result Shri Kamal Basu followed all illegal instructions from Shri Jyoti Basu. This fact also appears from expression made by way of statement made by Shri Kamal Basu himself and appeared in several Newspapers dated 8th February 1990, in which he says that “as long as Mr. Jyoti Basu was fit and holding the reins of powers, he would remain unchallenged” He further says that “Jyoti Basu may be target, but they can’t challenge him”. Shri Kamal Basu made such statement, when Shri Biman Bose, one of the Strongest C. P. I. (M) Leaders from the West Bengal, raised dispute relating to aforesaid Market. Under Right to Information Act, 2005, the Kolkata Municipal Corporation (KMC) withhld the Information which could have been explotion of the fact that the contract was granted in voilation of the law. Reportedly a serious rift between Mr. Jhunjhunwala and his aforesaid relation Mr. Kedar Nath Fatehpuria is developed, as a result, under connivance with Mr. Jhunjhunwala, a list of sale of 147 Shops form the aforesaid project is supplied by the KMC. Whereas KMC withheld all the Information which could be proofs of illegal sanction of Bulding Plans in favour of Companies of Mr. Jhunjhunwala.          

ILLEGAL SANCTION OF BUILDING PLANS FOR MONETARY GAINS TO MR. JHUNJHUNWALA.

That under favour from Shri Jyoti Basu the then Chief Minister of West Bengal, and under instructions from Shri Kamal Basu, the then Mayor of Kolkata, the Officials of the Kolkata Municipal Corporation started granting illegal sanction of building plans, in favour of the Companies of Mr. Jhunjhunwala in serious violation of the Building Rules. For instance earlier, the Kolkata Municipal Corporation granted sanction of building plans for a building of five stories in favour of one Satamita Apartment Association, at Vinoba Bhave Raod, Ward No. 119 of Kolkata. Subsequently Mr. Jhunjhunwala with the help of his associate Mr. Chuni Lal Mukherjee acquired the said property. Thereafter, plans were revised for Three Ten Stories Buildings, in serious violations of the Buildings Rules (Two such Buildings partly are constructed upon the encroached Railway Land). When matter comes to the notice of the then Mayor-in-council Mr. Rathin Das Sharma, he stopped the construction of first such building at the seventh story and declared before the Press that guilty will be punished. He made such declaration, as he then was not aware about the Close Nexus between Shri Jyoti Basu and Mr. Jhunjhunwala. Subsequently Plans for three Buildings was revised for Two Buildings of 11 Stories and One Bunglow, allowing Mr. Jhunjhunwala to exploit extra profit of few Crores from illegal part of such sanction. Since the same period true face of the Mr. Jhunjhunwala was exposed to me, as such I referred the matter to the Editor of the Statesman. One Correspondent from the Statesman Mr. Alokesh Sen contacted me. After knew about illegal sanction, said Correspondent taken interview of Shri Kamal Basu, the then Mayor of Kolkata Municipal Corporation. During the interview Mr. Kamal Basu admitted that originally sanction of three buildings for ten stories at Binoba Bhave Road, were illegal. But at the later stage plan for Two Buildings were legalised, after charging some fine. The statement of Shri Kamal Basu was totally misconceived since it was not consistent with the Law and Building Rules. But, said interview was not published. This is presumed that after such interview, Shri Kamal Basu informed the Mr. Jhunjhunwala to manage the Newspaper not to publish the interview. I sent protest Letter dated 25th November 1988 to Mr. Alokesh Sen, by Registered Post, and subsequently it’s the then Editor. It is a matter of corrupt practices on te part of the Officials frm the Kolkata Municipal Corporaion that under influence or gatifcation from Mr. Jhunjhunwlaa, they are withholding the supply of Copies of all the respective sanction plans, in favour of Satamaita Apartment and subsequent amended or revised plans in favour of the Companies of Mr. Jhunjhunwala to protect illegality in the sanctioning of subsequent Plans, against my applications under Right to Information Act, 2005, inspite of regular direction of the Writers Buildings.

 

BLACKMAILING WITH THE HELP OF ADJDGED CHEAT CHTTRANJAN GANGULY WITH SUPPORT FROM KOLKATA MUNICIPAL CORPORATION:-

That in or about in March 1986, I got obtained sanction of two building plans each for two buildings each of six storied, from Kolkata Municipal Corporation. One plan was in respect of Plot No.205 in the name of Nav Surya Co-operative Housing Society Ltd., and another plan was in respect of the properties comprised in R. S. Plot No. 206 in the name of me, in my capacity as Power of Attorney of Ava Rani Dey and her daughter Dipika Rani Bhattacharyya, since Sale Deed for the properties were not executed, though full payment was made and physical possession of the property was delivered to me in February 1982. In June, 1986, I got vacated the Possession hold by the then 7 Tenants under Litigation as per Orders in Execution Proceedings passed with reference to respective decrees against Tenants then residing at R. S. Plot No. 205 as aforesaid.

 

That as per reports gathered by me, Shri Jyoti Basu the then Chief Minister of West Bengal verbally instructed Shri Kamal Kumar Basu, the then Mayor of the Kolkata Municipal Corporation to help Mr. Jhunjhunwala and aforesaid adjudged Cheat Mr. Chittaranjan Ganguly. Accordingly, on 14th November 1986, Kolkata Municipal Corporation created a fake Municipal Holding Number as 161 Binoba Bhave Road, Ward No.119 Kolkata-700038, in favour of Chittarnajan Ganguly. But with most utter Surprise, much before creation of said fake Municipal Holding by Kolkata Municipal Corporation, Mr. Jhunjhunwala, referred in his aforesaid both the Letters dated 5th August 1986 and 5th November 1986, about the same, which is clear evidence of his role behind the creation of such fake municipal holding number, by KOlkata Muncipal Corporation, to support his black mailing activities against me.

 

That on or before 12th March 1987 Mr. Jhunjhunwala through one of his friend paid Rs. 5 Lacs in black money to one Ram Gopal Saraogi of 4, Synagoge Street, Kolkata-700001. Out of such fund said Ram Gopal Saraogi made payment of about Rs.1,25,000/- to Chittarnajan Ganguly  against alleged Agreement for sell of alleged property being alleged Municipal Holding No.161/N Binoba Bhave Road, Kolkata-700038, which was created by Kolkata Municipal Corporation to help blackmailing actvites against me.  

 

Thereafter, on the basis of the aforesaid fake and created municipal holding number, on 19th March, 1987, the Kolkata Municipal Corporation, under arrangement got received alleged complaints from said adjudged Cheat Chittarnajan Ganguly, and within one working day, acted under criminal misconduct, thus completed all alleged proceedings, starting from set-up of enquiry, holding of Local Inspection, Local enquiry, preparation of alleged 12 page typed report; without having typing facility, submission of Report before the municipal authorities, consideration of Reports by authorities, and decision to revoke my Plans and to convey its Decision to Local Police, with direction to stop constructional activities of me, on false, flimsy and created grounds that I obtained sanctions of the Building Plans under misrepresentations about the ownership. On the same day order of the Kolkata Municipal Corporation was conveyed in writing by the Police. Thereafter I moved before Hon’ble Kolkata High Court, by filing Two Writ Petitions against said Order of Kolkata Municipal Corporation, which was set-aside by Judgment dated 31st March 1988. In both the Writ Petitions Chittarnajan Ganguly was made Respondent No. 6. In the Judgment Hon’ble High Court made it clear that Chittarnajan Ganguly can move before appropriate authority (Civil Court) for appropriate injunctions against me, if he feels that construction is made at his property. But Chittarnajan Ganguly not filed any Suit against me. Most surprisingly after revocation of my sanction plans, on 19th April 1987, said Ram Gopal Saraogi published an advertisement for sell of the my Property claiming it as the property of the Chittarnajan Ganguly and started sending alleged intending buyers to visit my property. After knew about the same I contacted Ram Gopal Saraogi, who supplied Photocopies of the alleged agreement between him and the Chittaranjan Ganguly and admitted that he is working on behalf of the Mr. Jhunjhunwala. After knew such fact I send protest Letter Dated 7-10th May 1987 to Mr. Jhunjhunwala with copies to others by Regd. Post.  

 

That on 21st June 1988, Division Bench of Kolkata High Court headed by Hon’ble Mr. Justice G. N. Ray refused to grant stay upon application filed by Chittarnajan Ganguly against aforesaid Judgment of High Court dated 31st March 1988, against Kolkata Municipal Corporation. However, under illegal but verbal instructions from Shri Jyoti Basu, to Shri Kamal Basu, the the Mayor of the Kolkata, the Officials of he Kolkata Municipal Corporation, on 13th July 1988, without intimating me, fixed 23rd July 1988, for fresh hearing, in the matter. On 22nd July 1988 Mr. D. K. Nath, Municipal Engineer in presence of one Mr. Mahendra Rungta admitted before Shri Debi Prasad Ruia that Kolkata Municipal Corporation will compel me to sell the properties to Mr. Jhunjhunwala. Similarly on 23rd July 1988 Mr. Debbarata Bandopadhyay, Deputy Municipal Commissioner (Buildings) admitted in presence of Ld. Mr. S. K. Kapoor, Bar-at-Law that hearing is fixed mere a hoax for revoking my plans. When Mr. Debbarata Bandopadhyay, find nothing to revoke the Plans, adjourned the hearing without fixing next date to restrain the constructional activities taking advantage of Order dated 21.06.1988 of Hon’ble High Court. As such I moved before the Hon’ble Court, where last date for hearing was fixed as 7th November 1988. Therefore, Kolkata Municipal Corporation on 2nd November 1988, issued Show Cause Notice upon me, surprisingly hearng for the matter was fixed much earlier on 23rd July, 1988. However, once again on 7th November 1988, my Plans for said two Building Plans were further revoked on fresh, false, flimsy and created interalia grounds that respective Land has no passage for egress or ingress. But, before passing the said second order of revocation, on 2nd August 1988, Shri Kamal Basu the then Mayor Kolkata Municipal Corporation called me through one Councilor Shri Shanti Lal Jain and conveyed me that if I wants to live in Kolkata, I should transfer the property to the Mr. Jhunjhunwala. In considerations of such developments I send letter dated 12th September 1988, to Shri Kamal Basu the then Mayor of Kolkata Municipal Corporation against illegal favour to Mr. Jhunjhunwala and Letter dated 27th September 1988 to Prof. S. Nurul Hasan the then Governor of West Bengal, with copy to Shri Jyoti Basu, the then Chief Minister of West Bengal and Shri Buddha Dev Bhattacharyya, the then Minister of West Bengal, with reference to claim of the Mr. Jhunjhunwala that he has support from the powerful politician. When this was become clear that Shanti Lal Jain was also agent of the said Mafiadom, I placed on record my discussion with him held on 2nd August 1988, when he called me under instructions from Shr Kamal Basu, through Letter dated 25th November 1988, by Registered Post. In respect of the subsequent Order of Revocation of the Plans, when I moved another Writ Petition on 9th January 1989, Hon’ble Kolkata High Court appointed Special Officer to submit report, if necessary to take help from High Court Panel Surveyor. After going through the Special Officer’s Report, Camera Photos and Map, Hon’ble High Court directed to Kolkata Municipal Corporation to withdraw its revocation Order and permitted me to make construction in accordance with the sanctioned plans. 

 

That I received Letter dated 23/30-04-1993 from Dy. Assessor-Collector, South Suburban Unit Kolkata Municipal Corporation. In response to said Letter on 3rd June 1993, I met with Shri Dilip Ghosal, Dy. Assessor-Collector, South Suburban Unit Kolkata Municipal Corporation, at his office, where he says that Municipal Holding No. 161, Binoba Bhave Road, was created in favour of Chittarnajan Ganguly, under the order of Shri Jyoti Basu, as such I placed this information on record for confirmation by Letter dated 3rd June 1993, send to said Mr. Dilip Ghosal, with copy to Shri Jyoti Basu, the then Chief Minister. This letter was replied by Mr. Dilip Ghosal, by Letter dated 12th June 1993, but most surprisingly this letter was posted on 14th June 1993 from Writers Building (the Head Quarter of Shri Jyoti Basu, the then Chief Minister), and 10 K. M. away from the Office of Mr. Dilip Ghosal. From the language of the letter several questions cropped up, as such I send him another Letter dated 1st July 1993, requested thereby to clear some doubt about his conduct, which was never replied giving clear doubts that the said Letter was prepared by some senior Officer from the office of Chief Minister to cover-up the aforesaid admission made by Mr. Dilip Ghosal on 3rd June 1993.

 

BLACKMAIL WITH THE HELP OF Telegraph Reporter Mr. Tapash Kumar Chakraborty;

That during visits to me in Hospital, posing as my good friend, Mr. Jhunjhunwala informed me that he has one friend in the Telegraph Newspaper and already ask him to publish one story relates to attempt to murder me. However, on those days one regular feature under the heading “CALCUTTA ROUNDUP” was published, in the said Newspaper. On 6th October 1986, one News item was published in the Telegraph’s said fixed Feature under heading “CALCUTTA ROUNDUP”, with the specific heading for specific News item as “Antisocial terrorise slumdwellers”. Said News was come to my notice only on 22nd October 1986. After going through the said News, I send a strong protest Letter to Mr. Aveek Sarkar, Chief Editor of Ananda Bazar Patrika Group of Newspapers (In the letter by mistake I referred him as Chief Reporter), Mr. M. J. Akbar, the then Editor of the Telegraph, Mr. Pabitra Kumar Mukherjee, the then Printer and Publisher of the Telegraph, and Reporter Mr. Tapash Kumar Chakraborty, with a copy to the Officer-in-Charge, Behala Police Station all by Registered Post, describing the said news as “ULTA CHOR  KOTWAL KO DANTEY”, and after giving detail facts requested them that: “So this is my humble request through the Telegraph to the Government, that for justice to all, allegations of the residents with regards to alleged incidents of 18th July 1986 and 29th August 1986 as published in the Telegraph and Behala P. S. Case Nos. 91(12)83, 106(2)84, 4(3)84 and 67(7)86 and my allegations of blackmailing and criminal conspiracy against us should be handed over to C. B. I. for proper investigation and actions, so actual criminals would be punished.” After receipt of the said letter for a long period name of respective journalist Mr. Tapash Kumar Chakraborty were disappear from the Telegraph and the said regular feature was withdrawn.

Mr. B. C. Dutt, Advocate

That the renowned lawyer Mr. B. C. Dutt, Advocate, appeared in several matters on behalf of me since 1977, as such on 13th November 1988, he was consulted by me with regards to the matter of second order of revocation of sanction of Plans passed by the Kolkata Municipal Corporation and consultation fees was paid to him. But, subsequently Mr. C. K. Jain, Solicitors, on behalf of me declined to appoint him and appointed some other Senior Lawyers to move the Writ Petition before Kolkata High Court on my behalf. But, for such a Senior and Honest Lawyer that could not have been a reason for his appearance against me in the self-same matter, in which he was consulted by me. Whereas there might be something extra-ordinary reason behind the scene, as such Ld. Mr. B. C. Dutt, Advocate, appeared in the matter on behalf of the Kolkata Municipal Corporation.  In considerations of such development I send him a Letter dated 28th March 1989 by Registered Post just reminding him about such consultation and payment of Fees.

 

Dr. Manash Bhuinya, Congress M. L. A., JOINED HANDS WITH THE MAFIA LEADER:-

That after going through Memorandum dated 5th September 1990, one M.L.A. of West Bengal Legislative Assembly Dr. Manash Bhuinya, agreed to raise the whole issue in West Bengal Assembly on 22nd February 1991. When on 22nd February 1991, according to his instructions, I reached at the residence of Dr. Manash Bhuinya, M. L. A., at MLA’s Hostel, at Kyed Street, Kolkata, Dr. Bhuinya under the changed behavior and attitude, informed me that plan of his statement in Assembly was changed. As such I return back to my residence. But, within few minutes from my returning to home, at about 11.00 AM of the same day i.e. 22nd February 1991, under a hatched plot a Truck Accident was staged, to kill my son, in which both the legs of my son were severally damaged. At that time about 200 Meters away from the accident side Police Van was ready to protect the Driver of the Truck and taken him in the Police Station, immediately after triuck accident was stged. This is an clear case of Police Involvement in the aforesaid crime. My son was able to stand on his own legs only after treatment for more than 30 Months and after 22 Major Operations, in Kolkata at Kolkata Medical Research Institute of Kolkata and Holy Family Hospital at Delhi. That with regards to staged truck accident caused with sole object and intention to kill my son. After personal enquiry this was reported that the said Truck was standing since 9.00 A. M., morning in a Compound situated in the Northern Side of the Road. In the said Compound there were several Almirah Factories, as such Almirahs were loaded over the Truck to create confusion amongst factory people. Since the truck accident was result of the conspiracy hatched to kill my son, which was committed under Police Protection, as such in the said First Information Report Police knowing fully recorded false fact that truck was from the west to east, while Truck actually moved from North to South and damaged a Pan Shop and Shutter of another Shop both situated just in the South of the Road. Immediately after the accident, when I reached at the accident side, where till then my son was under the Tyre of the Truck, I seen that Truck came from the Northern side Compound with clear intention to kill my son. Therefore, false recording of direction of the truck was a strong evidence of Plot hatched under connivance between the Mr. Jhunjhunwala and his associates including Mr. Chuni Lal Mukherjee and respective the then Police Officials from the New Alipore Police Station of Kolkata Police. Reference: Case No. Sec. VZ. C/No. 30 dated 22nd February 1991 of the New Alipore Police Station (under Kolkata Police).

MISUSE OF PLATFORM OF HIGH COURT

That in considerations of constant and regular sufferings of atrocities having with severe intensity and magnitude, I prepared a Voluminous Memorandum dated 5th September 1990, under heading “A MATTER OF THE CALCUTTA MAFIA and challenges to ADMINISTRATION OF JUSTICE” and sent it to all the then Members of Parliament, West Bengal Legislative Assembly, Councilor of Kolkata Municipal Corporation, Judiciary and various other authorities from the Central and the State Government. This Memorandum was acknowledged by Memo Letter No. 10666/SC/PILC/90 dated 17th November 1990 by the Supreme Court of India.

 

That after knew from the Income Tax Personnel that I am taking actions against Mr. Jhunjhunwala with regards to transactions based on huge black money, one day Mr. Jhunjhunwala sends threats to me that he “is in a position to use Shri Jyoti Basu, the then Chief Minister of West Bengal to harass me”. As such I put his threat on record by Letter Dated 11th December 1989, to Mr. Jhunjhunwala. At the same time copy of the said Letter dated 11th December 1989, was also forwarded to various authorities, politicians, all by Registered Post including Shri Buddha Dev Bhattacharyya, the then Minister of West Bengal for Urban Development, Shri Nar Narayan Gooptu, the Advocate-General of West Bengal, Shri Har Kishan Singh Surjeet, General Secretary of CPI (M), Shri Biman Bose, West Bengal CPI (M) Leader by Letters dated 18th December 1989. 

 

That in consideration of atrocities suffered by me, which were casued and created by misusing the huge black money to blackmail me, by the Mr. Jhunjhunwala and his associates, as such I started to refer Mr. Jhunjhunwala as Mafia Leader, in my each and every representation, since this was his real and true picture. To escape from situation caused by such exposure of his real and true picture by such references, a criminal conspiracy was hatched with help from his Lawyer Mr. Kishan Lal Bagaria, Solicitor, under which he started making false representations before my each and every Lawyer and also filed a Defamation Suit before Kolkata High Court against me. In the said Defamation Suit, ex-party hearing for the Injunction application filed by Mr. Jhunjhunwala was held and order was passed by Prabir Kumar Mazumdar, J. as then he was, in such a language which restrained me even from my fundamental rights to lodge a Complaint before any authority. Surprising part of the proceeding was that ex-parte application for injunction order was moved by my long time lawyer learned Mr. P. K. Ray, Bar-at-Law, who was fully conversant with the atrocities suffered by me and Mafia activities runs by Mr. Jhunjhunwala. Subsequently I was reported by one of Junior to learned Mr. P. K. Ray, Bar-at-Law, that learned Mr. Pratap Chandra Chatterjee, Bar-at-Law (son of learned Mr. Som Nath Chatterjee, Bar-at-Law and M. P.) influenced learned Mr. P. K. Ray, Bar-at-Law to appear against me. Appearance of Learned Mr. P. K. Ray, Bar-at-law, in the said particular matter against me was neither proper nor was consistent with his professional conduct, as such on 17th August 1990 I send a protest letter to Mr. P. K. Ray, Bar-at-law.  Otherwise, I have very good relationship with Ld. Mr. P. K. Ray, Bar-at-Law, as it was also appear from a Letter from Mr. Debal Banerjee, Bar-at-Law (Son of Ld. Mr. Milon Banerjee, Attorney-General of India), which he send after knew about attempt to murder against me from Ld. Mr. P. K. Ray, Bar-at-Law.

 

That subsequently, said Shri Kishan Lal Bagaria, Solicitors of Mr. Jhunjhunwala moved Contempt Proceeding before Shyamal Sen J. as then he was, for issuance of the Rule nisi against me, and Hon’ble High Court directed to serve the copy of the Application upon me, through messenger as well as by Post. Shri Kishan Lal Bagaria, Solicitors, make a tricky plan to avoid service, but to cause false affidavit of service of the copy of the Application upon me. For the success of such tricky plan, on 13th September 1991, Shri Kishan Lal Bagaria, Solicitors knowing fully send his clerk at my residence at noontime when there was no scope of my availability, where his clerk falsely claimed before my wife that he is from Income Tax Department to serve a Notice upon me. My wife was not much aware of English, as such she said that it may be better if he note down his name and address on a Paper, so I will collect the Notice from him on the next day. Accordingly said clerk of said Shri Kishan Lal Bagaria, Solicitors, note down his alleged name as “Jagneswar Sinha”, and false address as “9th Floor, Bamboo Villa, 168, A. J. Chandra Bose Road, Calcutta-14”, which actually the address of Income Tax Department. When said person note down his alleged name and address, suddenly it was came in the mind of my wife, that why she should not take delivery of the Notice, after showing it to my, the then Landlord Shri Abdul Mannan Khan, who is also qualified Advocate. As such my wife go down along with the said person, but when both of them reached at the out side of the Office of the Shri Abdul Mannan Khan, which was situated at the Ground Floor, of the same building, said person fled from the scene. When in the evening I come back residence, note down such incident at the bottom part of the said Paper. However doubt about some of dubious act of the said person caused in my mind, when I tried to best of my level to trace out him at the given address of the Income Tax Department, but failed. Subsequently when I wanted to know through his said Solicitors that how Rule nisi in the Contempt Proceedings was issued without serving the Copy of the Petition, Shri Kishan Lal Bagaria, Solicitors refused to disclose related informations, which causes strong doubts. However, this was become amply clear that date and time given in the false Affidavit of Service was the same of the time and date of the said person come to my the then residence when came with false claim that he is from Income Tax Department. Said false Affidavit of Service was filed to obtain Rule nisi in the Contempt Proceedings. On 15th April 1992 I filed application Under Section 340 of Criminal Procedure Code against Mr. Jhunjhunwala in the Contempt Proceeding, which was recorded as Misc. Case No. 1 of 1992 of Kolkata High Court. As per direction of Hon’ble High Court Learned Mr. Kishan Lal Bagaria, Solicitors prepared a Letter dated 13th September 1991 to sent it by Post to serve another copy of Contempt Application, but withheld it till when it was posted on 18th September 1991. But, before posting it they obtained Rule nisi by filing false Affidavit of service containing completely false statement that I refused to receive the copy of the Petition.

 

That in considerations of the said Defamation Suit I appointed learned Mr. Gouri Shankar Gupta, Advocate to conduct my case, Mr. Jhunjhunwala and his Lawyer Shri Kishan Lal Bagaria, Solicitors, started to influence my sad Counsel Shri Gouri Shankar Gupta, Advocate, to sabotage the Judicial Proceeding against me. In considerations of regular sabotage of the judicial proceedings arranged by Mr. Jhunjhunwala, I find that there is no scope to get justice if I would not oppose the gross abuse of the judicial Proceedings. As such in considerations of the orders passed in the injunction application in the said Suit, and in the light of majority Judgment, in five Judge Constitutional Bench, in K. Veeraswami V. Union of India case (SCC (1991) 3 SCC Pages 654-755), I filed an application for according sanction, jointly before the President Of India and Hon’ble Chief Justice of India, against Prabir Kumar Mazumdar and Shyamal Kumar Sen, JJ., as the then their Lordships were. Said application for according sanction, was filed just to break the sabotage caused by the said Mafiadom, in the Administration of Justice, as such when I reported by the Court Clerk of the Hon’ble High Court that Shyamal Kumar Sen, J. as he then was, taken file of the affidavits of the both side parties in the Matter No.3028 of 1991, at his residence, I by his letter dated 25th June 1992 withdrawn my said Application for according sanction, tendering unconditional apology.

 

That to make bias the Shyamal Kumar Sen J., as then he was, of the Kolkata High Court against me, Mr. Jhunjhunwala knowing fully made false allegation against me that he is a habitual criminal and convicted in a Criminal Case, referring the matter in which Mr. Jayanta Kumar Das Gupta the then presiding Officer of the Learned Court 5th Munsif, Alipore, lost his Judicial services. This false submission was another ground for filing of the Application Under Section 340 Criminal Procedure Code, before Hon’ble Kolkata High Court interalia citing the evidences of such false statement as well as said false Affidavit of Service, as were prepared on 13th September 1991. When Hon’ble High Court passed an order for hearing of the both the matters (Contempt Proceedings against me and Application Under Section 340 Criminal Procedure Code filed by me) analogously, Mr. Jhunjhunwala and his Solicitors find themselves were in real trouble, as such on the one hand they managed that hearing of the said matter should not take place at any cost, and on the other hand they taken help from dreaded criminal miscreants with the help of newly uprising Mafia Manik Chand Sethia being the front man of Shri Chandan Basu, son of Shri Jyoti Basu, and with Police support created such a situation which will compel me to flea from Kolkata, if I wants to survive at all. Since, the Mr. Jhunjhunwala through his said Solicitors managed the Court staff, thus with utter surprise said Contempt proceeding was started going down in the cause list of respective Bench of Hon’ble High Court, than started listed as Last matter of the List. As the Last matter of the List prevailed for several days and finally gone out of the List. At the same time Office Building and Boundary wall of properties was broken with Police help by the men of the Mr. Jhunjhunwala and stolen goods and Books valued of Rs. few Lakhs. From such developments, this was become amply clear to me that Mr. Jhunjhunwala adopted all ways and means simultaneously with a concrete plan to grab my properties after putting me in Jail by implicating in the false Contempt proceedings, with the help of the respective Advocates. At the same time about fifty antisocial with Pplice support were posted and still some of them are appears out side my property, with intention to kill me, if I came to my site. As a result, I was left not any other choice, but to leave out from the running Court cases, and fleas from Kolkata along with my family Members to survive. Now, information gathered under Right to Information Act, 2005, this become clear that after 17 years, when Land Mafia understood that I am collecting information from various public authorities, Land Mafia withdraw the said defamation suit.

 

That I lodged complaints under Advocates Act, one jointly against learned Mr. Gouri Shankar Gupta, Advocate and Mr. Kishan Lal Bagaria, Solicitors, and another against Mr. Tapash Kumar Sarkar, Advocate (being the Lawyer Ava Rani Dey and her daughter), before the Bar Council of West Bengal. No reply or objections were filed by those Advocates, not served upon me, nor date fixed to hear the aforesaid matters. But, in gross abuse of the judicial process, and against the important principle of the Jurisprudence that “Justice must be above all”, and under severe bias and in highly irregular manner on 19th September 1992 both the complaints were disposed off by the Bar Council of West Bengal, in serious violations of the said core principle and Passed alleged Resolutions to save the skin of the brethren Advocates. As such I filed Appeals before the Bar Council of India, which might have been disposed off by the Bar Council of India in back of me.

Mr. M. R. Chowdhury, Advocate and other Advocates,

That Mr. Jhunjhunwala himself or through some one made false representations before my Cousels including Learned Mr. M. R. Chowdhury, Advocate, 12, Old Post Office Street, Kolkata-700001, Smt. Maity Ghosh, Advocate, 12/1, Old Post Office Street, Kolkata-700001, Ld. Mr. C. K. Jain, Solicitors, 7C, Kiran Shankar Roy Road, Kolkata-700001, Ld. Mr. Bhaskar Sen, Bar-at-law, 147, Shyama Prasad Mukherjee Road, Kolkata-700026, Mr. Pradeep Kumar Ghosh, Bar-at-law, 25, Harish Mukherjee Road, Kolkata-700020, Ld. Mr. Bankim Chandra Dutta, Advocate, and several others. Resultantly, I was compelled to send them Letter to clarify my position. In the year of 1992 Mr. Jhunjhunwala purchased one property from Client(s) of my said Cousel Mr. M. R. Choudhury, Advocate, and paid huge black money to his Vendors, at the residence of Shri M. R. Choudhury, Advocate, who was my Long Time Advocate. After execution of the said transaction, under abetment from Mr. Jhunjhunwala Mr. Choudhury through one Mina Lal Bhansali suggested me that either I have to settle with Mr. Jhunjhunwala otherwise Mr. Jhunjhunwala will spoil my life. In response to aforesaid suggestion, I send Letter Dated 21st November 1992 by Registered Post to Shri M. R. Choudhury, Advocate, which he replied by his letter dated 3rd December 1992, suggesting thereby to me to move the matter in United Nations Organisation.

 

That some time in June 1994, this was reported me, that in the year of 1990 Mr. Kedar Nath Fatehpuria, along with Mr. C. K. Jain, Solicitors was sitting in the Chamber of Ld. Mr. Bhasker Sen, Bar-at-Law and seeing me, conveyed him that “this man is not of such kind of person who can be allowed to sit in your chamber”. Resultantly Ld. Mr.Bhasker Sen, Bar-at-Law initially agreed to move a Writ Petition against Cooperation Directorate, refused to move the same. After knew about the same I send Letter dated 24th June 1994 to Mr. Kedar Nath Fatehpuria to disclose what he found against me.

 

That in considerations of aforesaid suffering being the rarest amongst rares infringement of the fundamental rights, I decided to file a Writ Petition under Article 32 of the Constitution. For this purpose, after a long initiation I met with the Senior Lawyer of the Supreme Court and Ex-Solicitor General of India learned. Mr. A. D. Giri, Sinior Lawyer at his residence at Allahabad. After going through the facts learned Mr. A. D. Giri, Senior Lawyer was satisfied and suggested me to appoint one Delhi based Senior Lawyer like Gopal Subramanium. With this purpose, learned Mr. A. D. Giri Senior Lawyer personally came to Delhi and discusses the issue in detail in Kanishka Hotel, with Gopal Subramanium and thereafter Gopal Subramanium studied the merits of the matter and decided to prepare a letter to be sent by me to the Governor of West Bengal, before filing such Writ Petition. Accordingly under his supervision, his one of the Junior Advocate prepared draft of such representations to be sent, and same was sent to the Governor of West Bengal, by me as per advise of Gopal Subramanium, which earlier he forwarded by his Letter dated 06th December 1993. I sent my representation to the Governor of West Bengal on 16th December 1993. Thereafter as per advise from Gopal Subramanium after elapse of about three months from the said letter to the Governor, I tried to meet with Gopal Subramanium, but under most surprisingly every time he declined to meet me for the reasons best known to him, though every time I came to meet him from Kolkata, where, I living secretly. But, after several attempts, one day Gopal Subramanium appeared on telephone and said that he had ask Mr. S. Murlisdhar, Advocate, to prepare a Writ Petition in that effect. But, when I met with Mr. S. Murlisdhar, Advocate, at his Mayur Vihar Chamber, he said that though he convinced that on the merit matter of I have a very strong case, but now-a-days Supreme Court declined to accept any Writ Petition under Article 32 of the Constitution. Such development shows that Gopal Subramanium instead of direct refusal, he arranged refusal through Mr. S. Murlisdhar, Advocate, not to file such Writ Petition, thus become a party himself in such infringement, either under influence of some one and need to be enquired.

Shri Chandan Basu son of Shri Jyoti Basu

That during the same period it appears that Shri Chandan Basu son of Shri Jyoti Basu the then Chief Minister of West Bengal was also involved against me either to help the said Mafiadom of Mr. Jhunjhunwala or for some other reasons. One Jai Chand Lal Sethia was running a large scale gambling Club, at British India Street, Kolkata (Within the Local Area of Kolkata Police Head Quarter) and suddenly approached me to negotiate the matter. On the opposite response from me Jai Chand Lal Sethia threatened me with dire consequences. I placed the same on record by Letter dated 26th October 1992 by Registered Post to him. After receipt of the letter Mr. Sethia send one Mr. Manik Chand Choraria, to convey me that he is working on behalf of Shri Chandan Basu. After such information I send letter dated 30th October 1992 to Shri Chandan Basu, with copies to Shri Jyoti Basu, Jai Chand Lal Sethia, Manik Chand Choraria and several others. I received reply of the same dated 24th December 1992 from Shri Jyoti Basu, under signature of his Confidential Assistant. After few days later Bahu Bazar Bomb Blast incident took place and reportedly on enquiries from various Central Vigilance Agencies, reportedly this was came to the notice of Shri Jyoti Basu that said Jai Chand Lal Sethia was the partner of said Rashid Miyan, the main accused in that case and that Rashid Miyan was main agent in Kolkata for Dawood Ibrahim. This way it might be appears to have looks like a chain link between Dawood Ibrahim and Chndan Basu, as such to save his skin, Jai Chand Lal Sethia along with several persons, were arrested for alleged involvement in gambling. 

Dr. Manash Bhuinya, Congress M. L. A.,

That considering involvement of Dr. Manash Bhuinya, M. L. A., in connivance for the Attempt to murder of my son, I send him a Letter dated 5th April 1993, asking him that “can he explain with regards to his changed attitude and behave and reasons for postponement of the program to raise the issue in West Bengal Assembly on 22nd February 1991”.

Shri Hashim Abdul Halim, the Speaker of West Bengal Legislative Assembly,

That this is needless to refer that under the close Nexus with Shri Jyoti Basu, and other powerful politicians from West Bengal, the Mr. Jhunjhunwala established himself so powerful, that once I negotiated with one Promoter for development of my properties. Said Promoter claimed that he had very good relations with Shri Hashim Abdul Halim, the Speaker of West Bengal Legislative Assembly, and if he agreed then he will enter in agreement for development of the project. This was my pre-condition before the said Promoter that he never can ask me for any compromise with the said Mafiadom, which was agreed upon by the said Promoter. But, with the most surprisingly, when I met with Shri Hashim Abdul Halim, immediately Shri Halim offered that he will mediate the matter and arranged settlement in the matter calling Mr. Fatehpuria, the relation of Mr. Jhunjhunwala. However, I refused immediately the aforesaid offer as such meeting with Shri Hashim Abdul Halim was closed. I also send letter dated 24th July 1993, to Shri Hashim Abdul Halim, the Speaker of West Bengal Legislative Assembly, mentioning therein about his offer.

 

Application to Dr. Shankar Dayal Sharma, the then President of India, for according sanction to prosecate Shri Jyoti Basu.

That in considerations of all such grave situation prevailed against me with the help and support from Shri Jyoti Basu, by misusing the powers and abusig the authority for the gain and benefit of and pecuniary advantage of Mafia Leader Mr. Jhunjhunwala as such I submitted an Application dated 8th July 1993 to Dr. Shankar Dayal Sharma, the then President of India, for according sanction under Section 19 of Prevention of Corruption Act, 1988 and 197 of Criminal Procedure Code for prosecution of Shri Jyoti Basu, the then Chief Minister of West Bengal. In response to said Application dated 8th July 1993 to President of India I received Memo Letter No. 406/3/93-ADV-IV dated 1st November 1993 under the signature of one Mr. Parag Prakash, Deputy Secretary to the Government of India, Ministry of Personnel, Public Grievances and Pension, which was replied by me.

Manik Chand Sethia

That after knew about the said application dated 8th July 1993, plan was hatched to convey fresh threat to me. As such one message dated 9th August 1993, was sent from the Officer-in-charge, Murder Section Kolkata Police, in which my alived son, was referred as dead. As such I send protest Letter dated 11th August 1993 to the Secretary, Home (Police) Department, which was never replied. At the same time Mr. Jhunjhunwala put under trouble in Contempt proceeding initiated by himself, when I filed application under Section 340 Cr. P. C. and Hon’ble Court passed the Order for analogous hearing of his contempt petition and my application under Section 340 Cr. P. C. Thereafter Manik Chand Sethia men the agents of Mr. Jhunjhunwala and Shri Chandan Basu, with the help of the dreaded criminals and anti-socials including one Umed Kumar Choraria and under Police protection, demolished Boundrywalls of my property and stolen valuable goods.    

 

That the said Mafiadom is still using black money powers against me thus the authorities are not taking appropriate actions to curb the black money. That the members of said Mafiadom under connivance with each other spending black money in big way against me. As per the reports from the local, this was reported me that the said Mafiadom entered in an agreement with antisocial even to kill me. This cannot be proved unless concerned antisocial were nabbed by the Police. But, another associate of Mr. Jhunjhunwala namely Manik Cand Sethia conveyed his threats to me admitting before one Mina Lal Bhansali, that “he has paid Rs.5,00,000/- (Rupees five Lakhs) to Chittarnajan Ganguly and Rs.3,00,000/- (Rupees Three Lakhs) to one local anti-socials out of total agreed payment of Rs.10,00,000/- (Rupees ten lakhs), fixed for total object to grab my properties.” Shri Mina Lal Bhansali conveyed the said threat to me in the first week of February 2001, and advised me to compromise with the said Mafiadom. As such I placed such information on record by sending Letter dated 17th February 2001, to Shri Mina Lal Bhansali, with copy to said Manik Cand Sethia. However at the same time I received secrete reports that Manik Cand Sethia agreed to Pay Rs.10,00,000/- to anti-socials to get arranged the acquisition of the property even if required by killing me. This is needless to mention here that Manik Cand Sethia was once the front men of Shri Chandan Basu, son of Shri Jyoti Basu, the then Chief Minister of West Bengal. In fact on behalf of the Manik Cand Sethia several persons time and again approached me including Hukum Chand Choraria, Bijay Singh Choraria son of Late Manik Chand Choraria from Hanut Mal Choraria family, Chatter Singh Chhajer, and owner of Good luck Curriers.

Amrita Bazaar Patrika

That one Senior Correspondence of the English Daily from Kolkata namely Amrita Bazaar Patrika shown courage to publish a News with heading “BASU ACCUSED OF MISAPPROPRIATION”, with reference to such measurable situation of severe magnitude which compelled me along with my family members to flea from Calcutta, in it’s issue dated 15th November 1994. The matter was also published in Bengali weekly from State of West Bengal namely Coalfield Times dated 15th- 21st May 1995. The owner of the Newspaper Amrita Bazaar Patrika was compelled to terminate the said Senior Journalist within 24 hours from the said News was published. In fact I also acquired a small flat at 9th Floor, at 45, Moulana Abdul Kalam Azad Road, Howrah-711001, under agreement. But, immediately after the said News published on 15th November 1994, goods worth Rs.67,960/- were stolen by one anti-social Pawan Kumar Jaiswal from the said flat, and under the plot hatched by the Mr. Jhunjhunwala and his associates I was dispossessed from the said flat with the help of such anti-socials, who acted as agent of Mr. Jhunjhunwala and Manik Chand Sethia. In this respect, FIR dated 21st January 1995, was forwarded to Officer-in-Charge, Golabari Police Station, against goods stolen, and letter of the same date was also forwarded to the then Union Home Secretary Shri K. Padmanabhaiyya, and letter dated 24th January 1995 to the Home Secretary, West Bengal, against threats to my Lifes and liberties.

Ms. Mamta Banerjee, M. P. Bengali Daily Newspaper Baratman and Mr. Jayanta Ghosal,

That some time in April 1995 Ms. Mamta Banerjee, M. P. given my matter to Special Correspondent of the Bengali Daily Newspaper Baratman, Mr. Jayanta Ghosal, who is now working in the Ananda Bazar Patrika. Said Reporter spent 4 days to study the matter and after preparation of News and send it to his Newspaper at Kolkata to publish the story. But when I was expecting the News relates to the matter, interviews of Mr. Vijoy Fatehpuria was published on 7th May 1995 in the Baratman. Said Special Correspondent informed me that his Office conveyed him not to deal with the matter further. However, he got published the matter in Bengali weekly Coalfield Times 15-21 May 1995 with reference to atrocities suffered by me and my family members. News was published with Photo of Shri Jyoti Basu and his son Chandan Basu.

Mr. Gopal Subramanium, Sr. Advocate

That in search of one Senior Lawyer, in or in the month of April 1995 I wrote a stereo typed letter to about Hundred Senior Lawyers, including Gopal Subramanium. No one replied, while Gopal Subramanium replied by his Letter dated 8th May 1995 that if I can convince him that I am a genuine litigant then he can take-up my case. Receiving such letter with such surprising remarks just after few month from the said Draft forwarded by him, I was socked and wrote back on 17th May 1995 that he have apprehensions that his opposite parties must have approached him, otherwise after knowing the matters relates to infringement of my fundamental rights he should not have questioned my genuinity, when earlier, he only after satisfied about the merit of the matter prepared the said draft. In reply thereof Gopal Subramanium, by his Letter dated 23rd May 1995 admitted that “As far as the merit your matter is concerned I am prima facie satisfied that there is a cause of action at least to file a Writ Petition under Article 32 of the Constitution of India for appropriate reliefs.” In the said letter he also asked me to offer him a written apology and withdraw the sentence referred in his paragraph 4 of letter, he would be in a position to advise me appropriately further in the matter. But, I not tendered any apology, since I has done nothing wrong.

Howrah

That as stated hereinbefore that I acquired a small flat at 45, M. A. K. Azad Road, Howrah-711001, under agreement. But, under the plot hatched by the Mr. Jhunjhunwala and his associates, I was dispossessed from the said flat with the help of anti-socials. In this respect I send a Petition to the Union Home Ministry on 21st January 1995. After receipt of the said Petition, Union Home Ministry directed to State of West Bengal, but no security was provided to me and my property. In this respect I also send Letter dated 8th April 1995 to District Magistrate, Howrah.

 

(Milap Choraria)

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