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THROUGH EMAIL
Dated 27th November, 2007
To,
Union of India,
Through Cabinet
Secretary Shri K. M. Chandrasekhar
Rashtrapati
Bhawan, New Delhi-110004,
Through Mr. Rajive Kumar, Joint Secretary, rajive.k@nic.in
Dr. Renuka Viswanathan,
Secretary (Coord. & PG),
Directorate of Public Grievances, Cabinet Secretariat,
2nd Floor, Sardar Patel Bhawan, Sansad Marg,
New Delhi-110001, through E-mail ID - secypg@nic.in
Ministry
of Home Affairs,
Through
Home Secretary Shri Madhukar Gupta, IAS,
Through
Email ID: websitemhaweb@nic.in
Government
of India,
New
Delhi-110001
Ministry
of Home Affairs,
Department
of Justice, jsh@hub.nic.in.
Government
of India,
New
Delhi-110001
Ministry of Personnel, Public
Grievances and Pension, Secretary
(Personnel) Shri Satyananda Mishra, IAS, secy_mop@nic.in
Government of India,
New Delhi
Ministry
of Public Grievances, Personnel and Pension,
Through
Shri Arun Kumar Yadav, asarpg@nic.in
Joint
Secretary (Coordination and Public Grievances),
Room
No.9, North Block
New
Delhi-110001
Ministry
of Law and Justice,
Department
of Legal Affairs,
Through
Secretary, Shri T K Viswanathan,
Through Email ID: vnathan@nic.in,
Government
of India,
New
Delhi-110001
Ministry of Railways,
Through Chairman of Railway
Board (Mr. K. C. Jena),
Through Email ID: crb@rb.railnet.gov.in
Government of India,
Rail Bhawan,
New Delhi-110001
Ministry of Railways,
Through Mr. V. N. Mathur,
Additional Member (Vigilance)
Through Email ID: mt@rb.railnet.gov.in
Government of India,
Rail Bhawan,
New Delhi-110001
Ministry of Railways,
Through Mr. A.K. Upadhyay,
Adviser (Vig.), Railway Board, amvig@rb.railnet.gov.in
Government of India,
Rail Bhawan,
New Delhi-110001
Ministry of Railways,
Through Advisor(L&A), Mr. R. N. Verma, advla@rb.railnet.gov.in
Government of India,
Rail Bhawan,
New Delhi-110001
Eastern Railways,
Through Shri N. K.
Goel, General Manager,
through Additional General Manager Shri Somenath Mukherjee, agm@er.railnet.gov.in, agmerly@cal.vsnl.net.in, Additional Divisional Railway Manager(O)/Traffic, Sealdah Division,
17, Netaji Subhas Road,
Fairly Place,
Kolkata-700001
Divisional Railway Manager,
Sealdah Division, Eastern
Railway,
Through Additional Divisional
Railway Manager(O)/Traffic, adrmtsdah@er.railnet.gov.in,
Sealdah Division,
Sealdah (Kolkata)
Department of Revenue
Through Secretary (Revenue) Shri P.V. Bhide, IAS,
Through Shri Hawa Singh,
Section Officer,
rev_pers@finance.delhi.nic.in
Ministry of Finance,
Government of India,
New Delhi-110001
Central Board of Direct
Taxes,
Through its Chairman Mr.
B. M. Singh, IRS, through
email at chairman@incometaxindia.gov.in and its
all Members including Member
(Legal and Computerisation) Shri A.J.Majumdar through email at member.leg@incometaxinida.gov.in, Member (Revenue & Vigilance) Shri R. Prasad through email at member.rev@incometaxindia.gov.in, Member (Personnel & Administration) Shri B.M. Singh through
email at member.per@incometaxindia.gov.in, Member (Investigation) Shri Prasanna Kumar through email at
member.inv@incometaxindia.gov.in, and Member (Audit & Judicial) Shri R.N. Upadhyay, through
email at member.aj@incometaxindia.gov.in
Department of Revenue,
Ministry of Finance,
Government of India,
New Delhi-110001
Central Vigilance Commissioner, Government of India,
Shri Pratyush Sinha, through Email ID: cvc@nic.in
New Delhi
Vigilance Commissioner,
Shri Sudhir Kumar through Email ID: sudhirkumar.vc@nic.in
Central Vigilance Commission,
New Delhi
Vigilance Commissioner,
Smt. Ranjana Kumar through
Email ID: rkumar.vc@nic.in
Central Vigilance Commission.
New Delhi
Central
Bureau of Investigation,
Through
its Director Shri Vijay Shankar,
3,
CGO Complex,
New Delhi-110003 through
EMail ID: dcbi@cbi.gov.in
Government
of West Bengal
Through
Chief Secretary Sri A. K. Deb,
Writers Buildings,
Kolkata-700001 through
Email ID: chiefsec@wb.gov.in
Through Chief Minister’s Secretariat through
Email ID: cm@wb.gov.in, since Email of the Chief Secretary : chiefsec@wb.gov.in some time found to be not functional.
Home
Department,
Government
of West Bengal
Through
Addl Chief Secretary Shi Prasad Ranjan Roy
Writers Buildings,
Kolkata-700001 through
Email ID: sechome@wb.gov.in
Co-operation
Department,
Through
Sri Rajiva Sinha,
Government
of West Bengal,
Writers Buildings,
Kolkata-700001 through
Email ID: seccop@wb.gov.in
Judicial
Department,
Through
Principal Secretary Shri Shyamal Kanti Chakraborty,
Government
of West Bengal
Writers
Buildings,
Kolkata-700001
through Email ID: secjudicial@wb.gov.in
Land
and Land Reforms Department,
Through
Principal Secretary Sri P.K.Agrawal, IAS
Government
of West Bengal
Writers
Buildings,
Kolkata-700001
through Email ID: seclr@wb.gov.in
Kolkata
Municipal Corporation,
Through
Municipal Commissioner,
5,
S. N. Banerjee Road,
Kolkata-700013
through EMail ID: kmc@vsnl.net , cmcmayor@vsnl.net
Notice under Section 80 of the Civil Procedure Code
1.
That in the country as a whole Shri Jyoti Basu might be carrying an image of a tall Statesman, as people at large do not know about the other
side of his face. While from the whole country, no one can refer similar other matter relating to contunuing serial blackmailing
activities that prevailed for a pretty long period, of more than 20 years, against me, with the full backing and support of
the Government Machinery, under Nexus with Powerful Politician of country none other than Shri Jyoti Basu. As a result the
respective Land Mafia was also supported by the Senior Bureaucrats, Judicial Officers, Advocates and Journalists, either under
instructions from Shri Jyoti Basu or otherwise. In this context I would like to make it amply clear that the ‘Senior Bureaucrats, Judicial Officers, Advocates and Journalists’, which are referred herein, just
relate to those individuals, only whose specific names are referred in this notice, and none other. That Shri Jyoti Basu, the then Chief Minister of West Bengal developed expertise to decay
the entire system, leading to the development of a culture of misuse of power and abuse of authority in West Bengal and finally
got entrenched into a fashion in the political circle.
2.
That very recently a case of the ‘Rizwanur Rehman
Murder’ has come to light. In West Bengal, such types of incidences are not new. I
have my own experiences of suffering from heinous/hideous continuing serial crimes in West Bengal,
perpetrated by the Land Mafia under political patronage of close Nexus with the powerful politicians, senior bureaucrats and
other public servants. One might not be inclined to believe the truthfulness of my charges against Shri jyoti Basu, unless
he/she is prepared to study the detailed facts referred to below in all seriousness. The difference between my sufferings
and the case of Mr. Rizwanur Rehman Murder rests on the fact that the matter of murder of Rezwanur Rehman is strongly taken
up by the media. While in my case initially the matter was taken up by the Print Media particularly Ananda Bazar Patrika,
Amrita Bazar Patrika and the Telegraph, which strongly supported me, but subsequently perhaps the commercial considerations
or under some pressure or otherwise, particularly the Bengali Daily Newspaper, ‘Baratman’ shook hands with the
Land Mafia and became a party in providing indirect support, by maintaining complete silence against such continuing serial
blackmailing activities committed against me by the respective Land Mafia, referred hereunder specifically. Throughout the
length and breath of the country, it might be difficult to find any other matter relating to such continued criminal activities,
as was being suffered by me, that prevailed under an ongoing single agenda for the past more than 20 years, by the Land Mafia,
in order to grab my properties by any hook or crook through various means and methods, which even included attempts to eliminate
me and my family, all under close Nexus with the powerful politicians, Senior Bureaucrats, Police personnel, and also with
the help of black money and their hooligan muscle powers, under the umbrella of political or otherwise patronage to provide
complete safeguard for protection/immunity.
3.
That the Vohra Committee being appointed in 1993 by
the Government of India has highlighted the crucial role played by the black money, in the formation of politico-bureaucratic-criminal-nexus.
Based on the experiences of my sufferings, I am apt to feel that the Department of Revenue, Ministry of Finance, Government
of India, contrary to the findings made in the Report of the Vohra Committee, has not the least took care of any appropriate
action to be taken to check the role of the black money in order to prevent the development and growth of such Nexus amongst
the people referred to below, despite large number of complaints being submitted by me, even at the cost of running the risk
of my life, liberty and all of my fundamental rights that were put under serious stakes.
4.
Therefore, please take notice under Section 80 of
the Civil Procedure Code that either within the 60 days of mandatory period from the date of receipt of this Notice, following
Issues be handed over for Investigation, on the priority basis, by the Central Bureau of Investigation, to meet the immediate
ends of justice, otherwise, I might be compelled to seek appropriate reliefs through legal action in Civil Courts:
(1) find out the names of the public servants from the Department of Revenue, under Finance Ministry, Government
of India, including from Income Tax Department, responsible for the failure to
curb and check the growth and development of black money of the group of land mafia named herein, ignoring repeated complaints
submitted by me;
(2) find out the role of black money in development of Nexus between the group of scrupulous businessmen
turned criminals turned mafia named herein and powerful politicians, bureaucrats, judicial officers, advocates etc., named
herein;
(3) find out the role of black money and influence in blocking the proper and fair investigations in the
criminal serial/consecutive blackmailing activities started from 1983 and still running
till date against me, including Criminal Cases (1) Case Ref. No. Sec. VZ. C/No. 30 dated 22nd
February 1991 of the New Alipore Police Station (under Kolkata Police) (this case was related to attempt to murder of my son,
but Police recorded differently, (2) FIR No. 67(7)86 dated 18th July 1986, of the
Behala Police Station (Within the District of South 24-Parganas, covered under Bengal Police in respect of attempt to murder
me, (3) FIR No. 4(3)84 dated 2nd March 1984 of the Behala Police Station (Within
the District of South 24-Parganas, covered under Bengal Police, (4) FIR No. 38(7)83 dated
14th July 1983 of the Behala Police Station (Within the District of South 24-Parganas, covered under Bengal Police,
(5) FIR No. 91(12)83 dated 29th December 1983 of the Behala Police Station (Within
the District of South 24-Parganas, covered under Bengal Police, (6) FIR No. 106(2)84 dated
29th February 1984 of the Behala Police Station (Within the District of South 24-Parganas, covered under Bengal
Police, (7) FIR No. 54(2)85 dated 19th February 1985 of the Behala Police Station
(Within the District of South 24-Parganas, covered under Bengal Police lodged by one of the members of the aforesaid land
mafia Mr. Chunilal Mukherjee under criminal conspiracy with the respective Police Official, (8)
First Information Report dated 18th October 1994 and (9) dated 21st
January 1995 both lodged by me through Registered Post addressed to Golabari Police Station (Within Howrah District - under
West Bengal Police), (10) First Information Report dated 27th November 1999 Lodged
by me through Registered Post addressed to Behala Police Station (South 24-Parganas District, under West Bengal Police) against
demolition of the boundrywall and theft of the valuable Goods, and (11) constant threats and
consecutive/serial blackmailing activities committed by a Land Mafia Sanjay Kumar Jhunjhunwala against me, with the help of
his other associates and support from the bureaucrats, judicial officers, advocates and journalists named herein.
(4) find out the role of public servants from Railways, responsible for the execution of the illegal agreement
between the Railway and three companies of Land Mafia Sanjay Kumar Jhunjhunwala, details described hereinafter, relating to
land from R. S. Plot No. 218 of Mouza Sahapur, Police Station Behala, Ward No. 119 of Kolkata, which was executed just to
protect the encroached railway land, which was already used for the construction of front portions of the two buildings named
Mani Towers: 31/41, Vinoba
Bhave Road, Kolkata-700038;
5. That I do hope that the aforesaid Issues
would be handed over to the Central Bureau of Investigation for investigation, under Supervision of a Civil Court, with direction
to perform scientific tests including lie detector tests, norco analysis test and brain maping tests etc., whenever and whatever
necessary to unearth the truth and for further actions, otherwise, I may be compelled to file a Civil Suit for the appropriate
relief’s, since Section 80 of the Civil Procedure Code is an important provision providing
a tool to ensure remedy, if the respective departments considers it honestly. In fact in a lecture delivered by the
then Hon’ble Chief Justice of India made his comments on the Government litigations, with observation interalia that
‘Government is the biggest litigant whether as petitioner or as respondent. Large number of appeals/revisions and
other proceedings filed by the Government are dismissed as frivolous and unwarranted. In fact, thousands of Special
Leave Petitions and appeals are filed after substantial delays and are dismissed on the ground of delay only.’
‘The
cause of such large litigation is unwillingness on the part of the government officers to take decisions which invariably
have financial implications.’
‘Section
80 of Code of Civil Procedure is not utilized at all by Government departments for settling the cases out of the Court as
no one wants to take responsibility for the decision. Despite admonition from Supreme Court, there is a tendency on the
part of public servants to raise technical pleas, to defeat just claims of the citizens.’
‘All
the Governments should develop an in-house mechanism for settling such disputes, to which they are parties, before they reach
the court and also by taking a conscious decision whether to litigate or not to litigate by constituting high power committees
assisted by former Judges or Legal Advisors of outstanding integrity and independence.’
‘They (government) can be requested to act in the redressal cells voluntarily or on remuneration to be paid
by the concerned government departments.’
‘Approach to law courts by suits, writ petitions or petitions in Service Tribunals should be allowed only after
the grievance is examined and decided in the cell to be set up in each department. In those adjudicatory forums also,
as far as possible, the judge should encourage the parties to come to mutually agreed terms thus solving their problems and
differences in a manner as to satisfy both the parties.’
‘The Civil Procedure Code, 1908, as amended in 1976, inserted Rule 5B in Order XXVII casting a duty on the court
in suits against the Government or a public officer to assist in arriving at a settlement in the first instance. The
potential of this provision does not appear to have been tapped fully. The reason is obvious. Unless the Government
or the public officer or their lawyer is prepared to settle the dispute at that stage the trial court can do nothing.’
6. I am referring aforesaid
quotation from the lecture of the then Hon’ble Chief Justice of India,
because law books has defined that ‘the Supreme Court and the High Courts as the custodians and watchdog of the fundamental
rights and freedoms of the people and their constitutional rights have an awesome responsibility. Although Superior Judiciary
has successfully preserved and protected the fundamental rights of the citizens and vulnerable groups against the innovations
of “an excited democracy” and for that purpose, it has drawn substantially upon the Directive Principles, but
on the basis of my personal experiences, I can also say and submit that due to lack of proper law against Organised Land Mafia,
running their criminal activities under close Nexus with powerful politicians, in whose matter even the Supreme Court has
not been able to prove itself as the custodian and watchdog of the fundamental rights and freedom of the people and their
constitutional rights.
7. That the National Commission for working
of the Constitution and some other Committees also commented and referred that ‘It is possible for the governments to
have a ‘litigation policy’ directed towards reduction of government litigation and protection of public interest
by preventive strategies. For instance, in civil cases when a notice under Section 80 CPC is received, the matter should be
thoroughly and carefully examined instead of the present tendency of giving a routine recording as file without application
of mind, that "the threatened suit may be awaited."
‘The
filing of appeals irrespective of the merit of the case should be avoided. Appeals are filed mechanically irrespective of
the merits merely to avoid allegations, quite often unjustified, of improper motives when a decision which affects the interests
of the Government is allowed to assume finality.’
‘The
Government should ensure basic infra-structure needed to all courts and arrange to ensure that courts are not handicapped
for want of infra-structural facilities, Governments, both at the Centre and in the States, should constitute committee of
secretaries to review government litigation with a view to avoid adjudication wherever possible, give priority in filling
of written statements, wherever required, and instruct government advocates to seek early decision on government litigation.’
‘The
greatest asset of the police in investigation of crimes and maintenance of law and order is the confidence of the people.
Today, such public confidence is at the lowest ebb. The police are increasingly losing the benefit of this asset of public
confidence. Hard intelligence in investigations comes from public cooperation. If police are seen as violators of law themselves
or if they abuse their powers for intimidation and extortion, public develop an attitude of revulsion and the onerous duties
and responsibilities that the police shoulder become more onerous and difficult.’
‘In
order that citizen’s confidence in the police administration is enhanced, the police administration in the districts
should periodically review the statistics of all the arrests made by the police in the district and see as to in how many
of the cases in which arrests were made culminated in the filing of charge-sheets in the court and how many of the arrests
were ultimately turned out to be unnecessary. This review will check the tendency of unnecessary arrests. Some statistics indicate that in some districts in the country, nearly 80% of the arrests were made in
respect of bailable offences.’
8.
Since my childhood I was and still am a social-minded
person and worked for combating the corruption and for improvement of the public system. Time and time again I made various
suggestions on the national issues like Language, Hindi, and Education and to improve corruption free election system etc.,
besides other issues. I am not a professional journalist but wrote about 250 Articles in Hindi. My articles were published
in Hindi Newspapers from each and every part of India.
With my respective suggestions I made correspondence with several important Persons and in response thereof received several
Letters. But, I have suffered a lot of atrocities under which my lives and liberties were staked under Politics-Crime-Nexus.
My some of the activities are posted in a Website: http://milapchoraria.tripod.com/msp
9. That facts referred below are relating to ‘State’ sponsored consecutive/serial
blackmailing activities which still prevails against me, putting my lives, liberties and properties at a serious stakes. Under
support from the ‘State’ my particular Fundamental Right to ‘Justice’ completely
became infractuous, even upto the Supreme Court Registry. As a result, in an exceptional and unprecedented matter my
fundamental rights guaranteed under Articles 14, 19(1)(a), 19(1)(c) 19(1)(d) 19(1)(e) 19(1)(g), 20, 21 and 32 of the Constitution
were infringed up to Registry of Supreme Court. However, I also make it quite clear that the Supreme Court of India, National
Human Rights Commission and Delhi Police are addressed in this Notice just to convey that in case, if I may be killed, in
such a case, this Notice should be treated as my dying statement. However, I am not repeating the facts referred in other
Notices served under Section 80 of Civil Procedure Code to any of the above named addressees.
10. That following individual, politicians, bureaucrats, and others are responsible
for the continued blackmailing activities of the Land Mafia. The names may be added further during the hearing of the Suit
or Investigation.
The
following persons are directly or indirectly involved in hatching criminal conspiracy to cause and attempt to murders:-
- Shri Sanjay Kumar Jhunjhunwala, earlier resident of 9/1, Lower Rowdon Street, Kolkata-700020, now resident of 2D, Queens Park Mani Kunj Ballygunge,
Kolkata-700019
- Smt. Ava Rani Dey wife of Nalini Mohan Dey since deceased, last known address
at 10/10, Kali Charan Dutta Road, Kolkata-700088
- Dipika Rani Bhattacharjee daughter of Nalini Mohan Dey, since deceased, last
known address at 10/10, Kali Charan Dutta Road, Kolkata-700088
- Kamlesh Chandra Chatterjee, last known address at 13, J. K. Paul Road, Kolkata-38
- Mr. Chittaranjan Ganguly, Village- Tetulberia, P.S. Garia, Kolkata-700088
- Mr. Chuni Lal Mukherjee, 24E/1, M. N. Sen, Regent Park, Kolkata-700040
- Shri Shankar Lal Bhatter himself, besides his three sons Ashok Kumar Bhatter,
Shrawan Kumar Bhatter and Sushil Kumar Bhatter, all last known resident of 28/6 7, Tollygunge Circular Road, New Alipore,
Kolkata-700053 24008307 and business Shri Chandi Plastic Udyog, 53A, Futnani Chambers, Kolkata
- Mr. Prabhu Dayal Sureka, last known address at 2nd floor, of 28/6
& 7, Tollygunge Circular Road, Kolkata, also another address P38, New Alipore Block ‘H’, Kolkata - 700053
- Raj Kumar Dhawan and Chandra Sekhar Dhawan, last known resident of 3rd
floor, of 28/6 & 7, Tollygunge Circular Road,
Kolkata and also may be at 69, Jyotish Roy Road, Kolkata-700053
- Sushil Kumar Tulsian, 36/1, Tollygunge
Circular Road New Alipore, Kolkata -700053
- Dr. Manash Bhuinya, the then M. L. A., the then resident of MLA’s Hostel,
at Kyed Street, Kolkata, now resident of Netaji Indoor Stadium B B D BAG, Kolkata - 700001
- Mr. Sukumar Das and other tenants of 21, Seal
Thakur Bari Road, (25, Binoba Bhave Road),
Kolkata-700038
- Shri Manik Chand Sethia, Care of Shri Bhikam Chand Ji Bhansali, M/S. Arbind Enterprises,
Room No.731, (Nand Ram Market), 4, New Howrah Bridge Approach Road, Kolkata-700001 (22681259)
- Ram Gopal Saraogi of 4, Synagoge
Street, Kolkata-700001
Following
Politician are responsible for blatant misuse of their powers and abuse of their authority to provide support to continued
black mailing activities of the land mafia, thus encouraged them to hatch conspiracy for plotting one after another attempts
to murder me and my son:-
- Shri Jyoti Basu the then Chief Minister of West Bengal
- Shri Chandan Basu son of Shri Jyoti Basu the then Chief Minister of West Bengal
- Shri Kamal Basu, the then Mayor of Kolkata Municipal Corporation
- Shri Bhola Nath Mukherjee, the then Councilor of ward No. 119 of Kolkata,
- Shri Kamlesh Chadra Chatterjee, Local CPI(M) Leader of Sahapur, within Police
Station Behala,
The
following political figure came forward to offer me his services for mediation between the group of Land mafia and me telling
that it is in my onw interest to come to a settlement as the group is a very powerful one:-
- Shri Hashim Abdul Halim, the Speaker of West Bengal
Legislative Assembly,
The
then Officers of the Cooperation Directorate, West Bengal, 1, K. S. Roy Road, Kolkata, grossly misused their powers and abused
their authority, thereby committing criminal misconduct with the single point agenda to support black mailing activities of
land mafia Sanjay Kumar Jhunjhunwala:-
- Mrs. Mira Pandey the then Registrar Societies, WB, and now Principal Secretary
to the Department of Food and Supplies, West Bengal;
- Mr. A. M. Mazumdar, the then Joint Registrar of Coop. Societies (Housing) CMAH,
- Mr. N. Goswami, ARC,
- Mihir Ranjan Choudhury, ARCS,
- Mr. Sudhir Kumar Dey,
The Name of the Senior Police Officer, which was used to threat me by the Land Mafia:
- Mr. Bikas Kali Basu, I. P. S., the then Commissioner
of Kolkata Police,
Officers
from Kolkata Municipal Corporation who were acting under instructions form the top to support the blackmailing activities
of the Land Mafia:-
- Mr. D. K. Nath, the then Municipal Engineer posted at SS Unit of KMC,
- Mr. Debbarata Bandopadhyay, the then Deputy Municipal Commissioner (Buildings),
- Shri Dipak Kundu,
- Shri Dilip Ghosal, Dy. Assessor-Collector, South Suburban Unit Kolkata Municipal
Corporation,
Judicial
Officers who committed contempt of their own Courts by passing illegal Orders under embracement caused by the Land Mafia:-
- Mr. A. K. Bhattacharya, the then learned Member of West Bengal Cooperative Tribunal,
- Mr. A.K. Chowdhury, the then Ld. Additional District Judge, Alipore, Kolkata
- Mr. J. C. Moulick, the then Ld. Munsif, 5th
Court at Alipore
- Mr. Jayanta Kumar Dasgupta, the then Ld. Munsif, 5th Court at Alipore; and
- Mrs. (Name not known), who then was Ld. Munsif, 5th Court at Alipore,
who passed order dated 23/29th May 1992
That
following Departments from the Union of India responsible for not taking appropriate and timely action on the basis of the
complaints against the respective Group of land mafia against their violation of the law, thus encouraged to enhance further
criminal activities to continue serial blackmailing activities committed by land mafia against me:-
(1)
Income Tax Department under the control of the Department of Revenue, not taken appropriate action against the huge black
money floated by the aforesaid Group. I have also served a separate Notice under Section 80 of the Civil Procedure Code.
(2)
Railway Ministry is responsible for not taking any action in respect of my complaint against encroachment of large size Railway
land and then under gratification Senior Railway Officials from Eastern Railway entered in an illegal agreement to provide
an illegal cover upon the encroached Railway land, whereupon the Land Mafia made construction of the parts of his buildings.
(3)
Ministry of Personnel, Public Grievances, Central Bureau of Investigation and Central Vigilance Commission also ignored to
take appropriate action on my respective complaints.
(4)
The Department of Legal Affairs, Ministry of Law of the Union of India is responsible for not taking appropriate legal advises
from the Advocates having undisputed integrity and honesty.
Senior Income Tax Official leaked the INFORMATION to Land Mafia:-
- Mr. Devi Dayal, the then Director of Inspection (Inv.) Income Tax Department,
Kolkata,
Advocates
those acted against the professional ethics and committed professional misconduct to support black mailing activities of the
group headed by Land Mafia Sanjay Kumar Jhunjhunwala :-
1 Mr. M. P. Choudhury, Advocate;
- Mr. N. Khaitan, Advocate;
- Mr. Milon Chandra Bhattacharjee, Advocate;
- Mr. Tapash Kumar Sarkar, Advocate;
- Shri Kishan Lal Bagaria, Solicitors;
- Ld. Mr. Timir Baran Banerjee, Advocate,
- Ld. Mr. Subhrakamal Mukherjee, Advocate, who now holds Office of Judge in Kolkata
High Court;
- Ld. Mr. Kalyan Kumar Ghosh, Advocate;
- Ld. Mr. Srikanta Bhattacharyya, Advocate (although subsequently he withdrew his
name form the respective Suit against me);
- Mr. Dipankar Gupta, Bar-at-law, (Ex-Attorney General of India and Ex-Advocate
General of West Bengal);
My
Counsels who were influenced by the members of Land Mafia, either to give wrong advice to me or to sabotage the administration
of justice to get orders against me which were not due under the law:-
- Smt. Maity Ghosh, Advocate, 12/1, Old
Post Office Street, Kolkata-700001,
- Mr. Gouri Shankar Gupta, Advocate, 6B, K.
S. Ray Road, Kolkata-700001
- Mr. Pradeep Kumar Ghosh, Bar-at-law, 25, Harish
Mukherjee Road, Kolkata-700020,
- Shri Gopal Subramanium, Senior Lawyer of Supreme Court of India, B-5/7, Safdarjung Enclave, Africa Avenue, New Delhi-110029, who is presently hoding
the office of the Addl. Solicitor General of India;
- Shri S. Murlidhar, Advocate, Supreme Enclave, Mayur Vihar, Delhi-110092, now
he is holding the office of a Judge in Delhi High Court;
- Ld. Mr. Aloke Nath Ghosh, Advocate, 39/1, Madan Boral Street, Kolkata-12
- Ld. Mr. Bhaskar Sen, Bar-at-law, 147, Shyama
Prasad Mukherjee Road, Kolkata-700026,
- Ld. Mr. C. K. Jain, Solicitors, 7C, Kiran
Shankar Roy Road, Kolkata-700001,
- Ld. Mr. P. K. Ray, Barrister-in-Law,
- Ld. Mr. Swapan Kumar Chakraborty, Advocate,
- Ld. Mr. M. R. Chowdhury, Advocate, 12, Old
Post Office Street, Kolkata-700001,
The
persons who acted behind the scene to support black mailing activities of the Land Mafia:
1. Mr. Kedarnath Fatehpuria, Managing Director M/S.
Martin Burn Limited, 1, R. N. Mukherjee Road, Kolkata-700001,
and all of his brothers,
- Mr. Mahendra Rungta, 7B, Kiran Sankar
Roy Road, Kolkata-700 001
- Mr. S. K. Todi, Todi
Mansions, 10, Indian Exchange
Place, Kolkata-700001
- Mr. Samar Nag Managing Director of M/S. Shelter Properties Developers P. Ltd.
of BA-2, Sector-I, Salt Lake City, Kolkata; and
- Group comprises Radhey Shyam Tulsian, Shankar Lal Saraf and Gobind Ram Agarwal.
11. That during this era of transparency, I hope that
I would be able to prove, all of my charges relating to consecutive serial criminal activities committed against me, through
a fair and free adjudication of a Civil Suit. All continued serial criminal activities against me became only possible due
to close Nexus between powerful politicians of the country, not less than of a stature of person like Shri Jyoti Basu, and
a group of scrupulous businessmen turned mafia, including Land Mafia Sanjay Kumar Jhunjhunwala. Once again I can repeat here
that in the whole country similar consecutive serial heinous/hideous atrocities as was suffered by me, cannot be referred
by any journalist or any authority in which consecutive/serial crimes were committed to blackmail me with the full support
from the Government machinery as well as Judicial Officers and renowned lawyers, under the influence from Shri Jyoti Basu,
proving that ‘in India Rule of Law is not prevailing, whenever powerful is involved’.
I am full of confident that if the merit of the matter would be adjudicated by the judiciary, my charges against Shri Jyoti
Basu and others would be proved beyond any doubts. Story relating to consecutive serial blackmailing activities committed
against me is referred in terms of chronological developments.
12. That all the documents/correspondence/complaints/representations
specifically quoted or referred in this Notice are in my possession placed in a safe place and I will place them, only during
the proceeding commenced before the appropriate Court.
13. That one may question why I am emphasizing the
aforesaid matter. In fact the granting of the aforesaid contract is very much relating to my sufferings, because, immediately
thereafter, blackmailing activities were started against me, with the concurrence and approval of the aforesaid three persons
and also from family of Kedarnath Fatehpuria, which earlier were going on under control of one politician and friend of Shri
Somnath Chatterjee then M. P., namely Mr. Kamlesh Chandra Chatterjee, who was leader of my tenants and wanted to exploit situation
in his favour for monetary gains and benefits. After aforesaid contract granted to M/S. Martin Burn Limited, Governmental
Machinery from the Government of West Bengal as well as from the Kolkata Municipal Corporation, were joined hands under influence
from Shri Jyoti Basu the then Chief Minister of West Bengal. On the other hand Union of India, under political influence or
otherwise fully ignored its statutory and constitutional duties, referred under the Government of India (Allocation of Business)
Rules, 1961, issued in exercise of the powers conferred by clause (3) of article 77 of the Constitution, thus allowed the
aforesaid land mafia to create more black money powers. In fact after development of the aforesaid Nexus, under the effect
of the black money, Kolkata Municipal Corporation started to sanction illegal building plans in favour of Companies of aforementioned
persons. As a result further huge black money powers was created in the hands of the aforesaid group, which they also misused
to blackmail me through various means and methods after gratifying the corrupt public servants, judicial officers, advocates
etc.
14. That in the aforesaid I have also named some Judicial
Officers, since they performed their Judicial Duties for the benefit of the said Land Mafia ignoring the matter on merit and
as such their such conduct are required to be examined under prevention of corruption Act, 1988 and Criminal Procedure Code,
under Supervision of a Civil Court. The names of the Judicial Officers, referred herein are only relating to those who acted
in my matters in complete contrast to the principal of Jurisprudence, thus their particular performance caused serious damages
to the efficacy of the judicial system and tarnished the faith of the people upon the judicial system. The list of the persons
from various segments involved in blackmailing activities against me as referred above is not the complete list. There are
several other individuals, public servants, politicians and others who were also acted with criminal intention, to support
such blackmailing activities of the Land Mafia. In consideration of the involvement of the political personality there is
no scope for fare enquiry, in the State of West Bengal,
in the aforesaid criminal activities and facts relating to Nexus between powerful politicians and Land Mafia.
15. That I have received some documents under Right to Information
Act, 2005, from the Eastern Railways and Income Tax Department, and very few from the Cooperation directorate, W.B., Government
of West Bengal, which can prove such Nexus unto the some extent. But, possibly under abetment from the Land Mafia, or otherwise
respective public authorities are now started withholding the supply of the Information, just to protect criminal activities,
committed by aforesaid group. Since 1985 and thereafter, the Kolkata Municipal Corporation acted as a Private Office in the
interest of the said Group and also committed blackmailing activities against me. For the withholding of the Information Kolkata
Municipal Corporation is now liable to explain the reasons. Even Cooperation Directorate supplied Certified Copies of the
Order Sheets of some Dispute Cases, which they supplied only after editing the bottom portion of the Orders sheets to withhold
the print order reference.
FACTS RELATING TO DEVELOPMENT OF THE NEXUS BETWEEN
SHRI JYOTI BASU and GROUP OF LAND MAFIA AND ITS AFFECTS
1. That when the Contract for rebuilding of
burnt portion of New (Hogg) Market was granted in or about 1985 to M/S. Martin Burn Limited, by Kolkata Municipal Corporation.
At that point of time, M/S. Martin Burn Limited was indirectly controlled, by three persons Mr. Radhey Shayam Tulsian, Mr.
Shanker Lal Saraf, and Mr. Gobind Ram Agarwal, as major financier for the project as now appears from the Search and Seizure
Report of Income Tax Department. These three person, were in jail, during the period of emergency, reportedly for the fraudulent
Import of the valuable Metals, used in the defense factories. From the Information received under RTI Act, from Income Tax
Department, in respect of the said project of rebuilding of New (Hogg) Market, Mr. Kedarnath Fatehpuria, and his family including
Land Mafia Sanjay Kumar Jhunjhunwala appears to me as benamdar of aforesaid Mr. Radhey Shayam Tulsian, Mr. Shanker Lal Saraf,
and Mr. Gobind Ram Agarwal. Income Tax Department in its Report admitted and referred those three persons as financiers for
the aforesaid project of the New (Hogg) Market. In the year of 1996, after repeated complaints and on the basis of my complaints,
a Search and Seizure operation was conducted by Income Tax Department, in which they found concealment of money from them
Rs.13 Crores (Odd) tentatively and while after aforesaid Search and Seizures they submitted 6 (Six) Disclosure Applications
in which they disclosed Rs.9.54 Crores. Income Tax Department referred that said contract was granted against premium of Rs.1,04,78,160/-
paid to Calcutta (Kolkata) Municipal Corporation. Income Tax
Department further admitted that Shops from the said project were transferred against payment between Rs.800/-and Rs.1,000/-
per square feet. Here it is needless to be mentioned that in the year 1980-1981 Sanjay Kumar 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 Sanjay Kumar Jhunjhunwala tried to develop good relationship with me, reported about
his past, that his father Sri Chandi Prasad Jhunjhunwala was earning nothing and he was employee in one Rajgarhia Company
against 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. For the purposes of his employer’s working, Mr. Sanjay Kumar
Jhunjhunwala was regular visitor of Mr. Kedarnath Fatehpuria, who then was the employee and Estate Manager in one Company
of Sahu Jain Group. During such visits Sanjay Kumar Jhunjhunwala discussed with Kedarnath Fatehpuria, about his said property,
and Mr. Fatehpuria suggested for settlement in the matter with his respective opposite party by making lumps sum payment.
Sanjay Kumar Jhunjhunwala had no monetary sources, while Fatehpuria was. After negotiations Sanjay Kumar Jhunjhunwala make
payment of black money of Rs.22 Lakhs to said Tenant to get vacated said Land under settlement. Thereafter, under agreement
between Sanjay Kumar Jhunjhunwala and Kedarnath Fatehpuria a Joint Venture multistoried complex of three buildings called
as Block “A” Block “B” and Block “C” of “Mani Mansions” were constructed at
9/1, Lower Rowdon Street, Kolkata-700020 as the first project for both of them. Thereafter Sanjay Kumar Jhunjhunwala married
with the sister of said Kedarnath Fatehpuria.
2. That the beyond any doubt aforesaid report
is manipulated by Income Tax Sleuths, either under duress or embracement or pressure from the Top. In any case, aforesaid
report is a prima-facie evidence and strongly suggesting that Contract of the New (Hogg) Market was granted to M/S. Martin
Burn Limited under some under hand agreement between the Kolkata Municipal Corporation and aforesaid individuals under instructions
or abetment from Shri Jyoti Basu, the then Chief Minister of West Bengal, through Shri Kamal Basu, the then Mayor of Kolkata.
Otherwise, the premium against aforesaid contract should have been more than Rs.15 Crores in terms of the then prevailed premium
in the vicinity of the said project as was granted with the right to lease out 97,000 Square Feet Shops at their own whimsical
prices. Therefore, Mr. Kedarnath Fatehpuria, Managing Director and the then other Directors of M/S. Martin Burn Limited, and
financiers of the project Mr. Radhey Shyam Tulsian, Shankar Lal Saraf and Gobind Ram Agarwal, as referred and admitted by
Income Tax Department in their reply under Right to Information Act, should be testified through Lie Detector Test, Norco
Analysis Test and or any other scientific test which may help to unearth the truth. Similarly Shops from the aforesaid market
project were transferred against payment of Rs.4000-5000 per Square Feet, not against alleged payment of Rs.800-1000 per Square
Feet, as referred and claimed by Income Tax Department. Therefore, Purchasers of the Shops should be also testified scientifically.
3. That the Companies of the Sanjay Kumar Jhunjhunwala
his relation and associates used huge black money, in purchase of each landed properties and subsequently in sell of each
part of constructed properties. To establish their modus operandi to use of the black money in such transactions, I referred
one particular transaction with complete details. In complaint, I also referred several other transactions too. The details
of facts relates to one such transaction, executed in serious violations of the Income Tax Act, referred by me before respective
authorities, but, action were not taken by the Government of India, which is a strong evidence of the fact that respective
authorities virtually acted to protect the huge black money hold by the said Land Mafia. As per records and as per recent
Supreme Court Judgment, the aforesaid transaction made by the Two Companies of the said Sanjay Kumar Jhunjhunwala were based
on knowingly violation of the provisions of the Income tax Act, in various ways. With knowing full intentions to violate the
respective provision of the Income Tax Act respective one transaction was divided in to Six, being executed in favour of two
of the Companies of Sanjay Kumar Jhunjhunwala, and can be explained in the following manner:
a)
on 25th August 1989, one / single Notice in the English Daily Newspaper from Kolkata (Now Kolkata) namely The Telegraph
was published by one Messers Pankaj Shroff & Co, Advocates, having their address at 7B, Kiran Sankar Roy Road, Kolkata-700
001 interalia that his clients “Surabhi Properties Pvt. Ltd., and Tripti Properties Ltd., both having their Registered
Office at No. 9/1, Lower Rawdon Street, Kolkata have agreed to purchase premises no.53, Ramtanu Lahiri Sarani (formerly 24A,
Diomond Harbour Road and originally Plot No.42 of Block “C’ New Alipore), Kolkata measuring 10 Kottahs 02 Chittacks
38 Sft. from Mr. Pranab Dutta Chowdhury, Smt. Purabi Dutta Chowdhury and Dr. (Miss) Shyamali Dutta Chowdhury all of 53, Ramtanu
Lahiri Sarani, Kolkata.”
b)
within six months from aforesaid Notice, on or about 23rd February 1990 the Income Tax Department, West Bengal,
published a Notification on several Newspapers for GRAND AUCTION SALE under the signature of Mr. N. R. Sivaswamy, the then
Chief Commissioner (Technical), West Bengal, with reference to several properties, including one “Vacant land measuring
5 cottas more or less 12” wide common passage from the main road, forming part of plot no.386A Block “C’,
New Alipore, Kolkata and renumbered 23A, 386A, Diomond Harbour Road, Kolkata.” The said property referred in the Notice
of the Income Tax Department was and is situated in the same locality of the properties referred in the said Notice of Messers
Pankaj Shroff & Co, Advocates. In the notification of the Income Tax Department “Reserve Price Rs.18,27,000/-“
was mentioned, for that particular properties. According to such reserve prices, fixed by the Income Tax department, the amount
of Rs.3,65,400/- arises for per cottas of land. This is a matter of the fact that subsequently said Mr. N.R. Sivaswamy, the
then Chief Commissioner (Technical) Income Tax Department, West Bengal, was promoted as the Chairman of the Central Board
of Direct Taxes, under the Ministry of Finance and also names in one of the scam from Bihar.
c)
properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates, was abuts upon a wide road of more than 25’,
while the properties referred in the Notification published by Income Tax Department, West Bengal, admittedly was abuts upon
a much lesser wide road of just 12’ road. Therefore, under the Municipal Law the Floor Area Ratio (FAR) for the properties
referred in the Notice of Messers Pankaj Shroff & Co, Advocates, was entitled to get sanction for the construction of
double floor area ratio, per Cottas, than the floor area ratio could have been available for the properties referred in the
Notification of the Income Tax Department. Therefore according to the aforesaid Rs.3,65,400/-per cottas fixed by the Income
Tax Department, as aforesaid the market value of the properties referred in the Notice of Messers Pankaj Shroff & Co,
Advocates, should have been more or less Rs.7,30,000/- per cottas, thus total value of the properties arises more than Rs.73,00,000/-
(Rupees Seventy three lakhs). Since I was belongs from the same business, as such can affirm on oath that in any case the
valuation of the properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates was not less than Rs.35,00,000/-.
d) However, this was reported to me that the Sanjay Kumar Jhunjhunwala purchased aforesaid properties as referred in Notice of Messers Pankaj Shroff & Co, Advocates, against
cash payment of more or less of Rs.45,00,000/- (Rupees forty five Lakhs) from the aforesaid Vendors, through his two Companies
namely Surabhi Properties Pvt. Ltd., and Tripti Properties Ltd., both having their Registered Office at no.9/1, Lower Rawdon
Street, Kolkata. The entire transaction was based on knowing fully manipulations / serious violations of the Section 269UC
of Income Tax Act, and based on huge payment of black money.
e) That with intentions to violate the Income Tax Act, Sanjay Kumar Jhunjhunwala appointed
one of his accountant: Sri Kishore Nagar of 153A, Viveka Nand Road, Kolkata as the Director in one of the aforesaid two Companies
named in the Notice of Messers Pankaj Shroff & Co, Advocates. This fact also appeared from the records of the Registrar
of the Companies, West Bengal Kolkata. In one of the search report given by one Advocate this was confirmed that the Sanjay
Kumar Jhunjhunwala being Director of M/S. Surabhi Properties Private Limited,
being one of the Purchaser Company of the aforesaid properties, given authority letter to said Sri Kishore Nagar “to
carry out necessary corrections, amendments changes, additions alterations, deletions, and such other work as may be necessary
in the Memorandum of Association and Article of Association and other papers / documents filed or to be filed before the Registrar
of Companies, Kolkata, West Bengal, for incorporation of above Company, in which Sanjay Kumar Jhunjhunwala was the Director. Sri Kishore Nagar further authorised to make changes, amendments, corrections, additions,
deletions and alterations in the subscription clause of memorandum of Associations and Articles of Associations of above company:
“We
further agree to ratify and confirm all his acts and deeds.”
That
the aforesaid authorisation letter is sufficient proof of inter-connections between Sanjay Kumar Jhunjhunwala and Sri Kishore
Nagar, as employer and employee.
f) under clear manipulations, transactions were divided in to six deeds and purchasers
were divided into two, just to reduce the amount of the transactions below the limits fixed Section 269UC of Income Tax Act
and to maintain purchase amount below the amount of Rs.10,00,000/- by each Company, as this amount was Limit under the then
prevailed provisions Under Section 269UC of the Income Tax Act. Since Vendors were three and alleged purchasers were two the
amounts of the payments shown in the deeds were as under: -
Payments
shown in three deeds by M/S. Surabhi Properties Pvt. Ltd., having it’s the then Registered Office at no.9/1, Lower Rawdon Street, Kolkata, was in the following manner:
1.Pranab
Dutta Choudhury Rs.4,75,000/-
2.Smt.
Purabi Dutta Chowdhury and
Rs. 2,37,500/-
3.Dr.
(Miss) Shyamali Dutta Chowdhury
Rs.2,37,500/-
Total payment shown by One Purchaser Company Rs.9,50,000/-
Payments
shown in another three deeds by Tripti Properties Ltd., having it’s the then Registered Office at no.9/1, Lower Rawdon Street, Kolkata, was in the following manner: -
1.Mr. Pranab Dutta Chowdhury,
Rs.4,75,000/-
2.
Smt. Purabi Dutta Chowdhury and
Rs. 2,37,500/-
3.
Dr. (Miss) Shyamali Dutta Chowdhury
Rs. 2,37,500/-
Total payment shown by another Purchaser Company Rs.9,50,000/-
4. That after knew About aforesaid transaction,
I submit Complaint dated 16th November 1989 addressed to Appropriate Authority, Kolkata, Income Tax Department
and other authorities, thereby informed about concealment of money actually paid in the aforesaid transactions. Thereafter,
I send number-less representations to different authorities, without any result. However, this appears from the Memo Letter
No.11/3/94/PM PII/517988 dated 31st May 1994, that the Prime Minister’s Office directed the Revenue Secretary
for appropriate action in the matter. With reference to said Memo Letter I sent letter dated 12th September 1994
to Revenue Secretary, with kind attention of the then Revenue Secretary Mr. M. R. Sivaraman. But, I find no results, as if
the said Mafia is much powerful than the law of the land. Now as per the principle settled by the Judgment dated 13th
March 2001 in the Civil Appeal 5426 of 1997 by S.P.Bharucha, J, as His lordship then was and N. Santosh Hegde and Y. K. Sabarwal,
JJ., the aforesaid transactions is proved as in violation of the Income tax Act. The properties referred in the aforesaid
transactions either should have been vested with the Government of India for violation of Section 269UC of Income Tax Act,
or matter should have been the subject matter of the said Judgment, as several other similar matters relates to various properties
from the country were part of the said Judgment. After the said Judgment on 11th July 2001, I sent a representation
to the Union of India, asking thereby to take appropriate steps in the matter, in accordance with the said Judgment. But,
Government of India takes no action in the matter. My object in insisting of action on the basis aforesaid one particular
property, was to expose the Modus Operandi for the use of the black money ratio in the payments whether made or received in
transactions by the Companies of the said Sanjay Kumar Jhunjhunwala or his relations, which otherwise will be more or less
same and would have been maintained in respect of all transactions whether executed for purchase of the landed properties
or sale of the constructed properties. Sanjay Kumar Jhunjhunwala and his relations were representing the majority in Board
of Directors of the Martin Burn Limited, and purchased landed properties of more than few hundred Crores of Rupees and than
constructed multistoried buildings and sold them out. Till now, I sent number less representations to President, Prime Minister,
Finance Minister, Cabinet Secretary, Revenue Secretary, Chairman, Central Board of Direct Taxes, and various Offices of the
Income Tax Department, Central Vigilance Commission, Central Bureau of Investigation, but without any result, further proved
that Sanjay Kumar Jhunjhunwala is much powerful than law of the land. Starting from the year of 1987, I sent several letters
to the Income Tax Department. Sanjay Kumar Jhunjhunwala admitted that he had seen my letters from the Senior Income Tax Officers.
After knew about his admission I lodged my Complaint dated 30th November, 1987 to Mr. Devi Dayal, the then Director
of Inspection (Investigation) Income Tax Department, Kolkata, by Letter Dated 30th November 1987. Most surprisingly
by Letter of the same date i. e. 30th November 1987, sent by special messenger Mr. Devi Dayal requested me to meet
him. Subsequently I was reported by some Officer from Income Tax Department that Mr. Devi Dayal, himself shown my letters
to Sanjay Kumar Jhunjhunwala and for the same reason he replied promptly, rather on the same date of my aforesaid letter.
5. That after enactment of the Right to Information
Act, 2005, I submitted various application and responses received against them are suggesting that still Income Tax Department
working under control and Supervision of the Department of Revenue, Ministry of Finance, Government of India is fully contemplating
to put an cover upon all the wrong doings committed in past by their predecessors and the personnel from Income Tax Department,
and giving wrong citing of the judgments contrary to mandatory constitutional principal that one law in whole of India. As
a result, the person being the member of the said group of land mafia Sanjay Kumar Jhunjhunwala, who was in service for a
salary of Rs.300/- (Rupees three hundred) per month, due to failure of the Department of Revenue, Ministry of Finance to curb
and check the growth of the black money, in spite of repeated complaints, is now able to create a capacity of black money of few hundred crores of Rupees, which
should have been unearth from the transaction relating to land and properties from the following projects. Following list
is just relating to companies, firms belong to a single member of the said group. Similarly there is large number of the properties
developed by the other members of the said group:
Sl
No. (year of the project) Buildings at the
respective premises numbers:
1.
(1983): Mani Mansion:
9/1, Lower Rawdon Street, Kolkata
2.
(1985): Gunjan: 11B/1 Palm Avenue, Kolkata:
3.
(1987): Mani Towers:
31/41, Vinoba Bhave
Road, Kolkata
4.
(1987): Mani Uday: 16, Mayfair Road, Kolkata
5.
(1988): Mani Villa: 40/34 Diamond Harbour Road, Kolkata
6.
(1988): Queen's Villa: 2B, Queens Park, Kolkata
7.
(1990): Mani Kunj: 2 D Queen's Park, Kolkata
8.
(1992): Vishaka: 2B, Sambhunath Pandit Street, Kolkata
9.
(1992): Sidharth: 42A, Diamond Harbour Road, Kolkata
10.
(1993): Dwarka: 9A H S Sarani,
New Alipur, Block - E, Kolkata
11.
(1994): Brajdham: 33 Ballygunj Park, Kolkata
12.
(1994): Mani Kanchan: 5/1/B, Dr. R.K.M Sarani, Kolkata
13.
(1998): Shivangi: 9A, Haraprasad Shastri. Sarani,
New Alipore 'E' Block, Kolkata
14.
(1998): Shiddha Mani: 150 N & 67, Vinoba Bhave Road, Kolkata
15.
(1998): Mani Deepa: 4, Dr. Meghnath Shaha Sarani,
Kolkata
16.
(1999): Uniworth Centre: 70A Shakespeare Sarani, Kolkata
17.
(1999): The Millenium: 235/2A A J C Bose Road, Kolkata
18.
(2000): Mani's Andaman: 6 Chapel Road, Kolkata
19.
(2001): Madhubanu: 6 A Short Street, Kolkata
20.
(2002): Mani Angan: 23 Ustad A K Sarani, New Alipur,
Block - E, Kolkata
21.
(2002): Mani Vatika: 40/1 Dharmatola Road, Kolkata
22.
(2003): Mani Pushpak: 13, Chapel Road, Kolkata
23.
(2005): Nayanmani: 26 Diamond Harbour Road, Kolkata
24.
(2006): Ashoka: 14 Ashoka Road, Alipur, Kolkata
Projects
which are under constructions or near to completion:
25. Mani Square, gigantic food court spread over 25,000 sq ft and a multi-level car park with
a capacity of over 1500 vehicles, to Eastern Metropolitan Bypass, Kolkata;
26. Maniam at Garcha Road,
Kolkata;
27. Manitech at Sector V, Salt
Lake, Kolkata;
28. Neermani will comprise a single tower with 21 boutique apartments, at 2J, Radha Madhav Dutta Garden Lane, Kolkata-700010, just behind Mani
Karn near Subhas Sarovar Lake, at total land area of 1181.41 square metre equal to more or less about 12000 Square Feet Land.
29. Mani Karn with total land space of 132,200 sq ft, near Subhas Sarovar Lake, Kolkata;
30. SURYAMANI - the NRI block at Mani Karn, near to Subhas Sarovar Lake, Kolkata;
31. Pushkar at 11C & 11D, Dharamtala Road, just a whisker away from the Rashbehari
Connector of the Eastern Metropolitan Bypass, Kolkata;
32. RUKMANI PARASMANI, Located right opposite Subhas Sarobar, "Tomorrow's Chowringhee",
at the Eastern Metropolitan Bypass, Kolkata;
6. That under Right to Information Act, 2005
I sought information whether any of the aforesaid properties were examined under Chapter XXIIB of the Income Tax Act, 1961
to curb and check the black money, and further sought information whether transaction of the any of the aforesaid properties
were investigated by Income Tax Department or not. Replies were negative in both the matters. With regard to aforesaid particular
transaction relating to properties comprised in 53, Ramtanu Lahiri Sarani, Kolkata, still Income Tax Department is trying
to justify the non-action by the Appropriate Authority of the Income Tax Department, on the false pretext that since Form
37A was not submitted, ignoring the fact that I have lodged formal complaint within time limits for such complaints, against
transactions based on violation of Section 269UC of the Income Tax Act, 1961. Contrary to their aforesaid own alleged submission
they also trying to cite wrong judgments ignoring that under the work allotted under the Function and allocation of work for
the Central Board of Direct Taxes and all of its Sub-ordinates, in the whole of India no discriminatory provision can be allowed
to prevail.
7. That under close contacts with Shri Jyoti
Basu, and other powerful politicians from West Bengal, Sanjay Kumar Jhunjhunwala established himself so powerful that he removed
about 150 families living in Jhugies at Railway Land and encroached it. Thereafter, Railway authorities instead of taking
appropriate action against such encroachment of valuable public (Railway) properties, illegally and without any public interest
or consideration, permitted Sanjay Kumar Jhunjhunwala to make construction of front part of his two buildings namely Mani
Towers at Binoba Bhave Road, within Ward No. 119 of Kolkata, upon Railway Land situated near Railway Officer’s Colony
at New Alipore (Kolkata). After constructions of the above referred two buildings, partly upon the Railway land, the respective
Railway personnel, under embracement/gratifications, entered in an illegal but registered agreement with his three Companies,
treating the Railway Land as Land of the said Land Mafia. And further to aforesaid illegal agreement, Railway Authorities,
without any monetary considerations or public interests developed a Garden for beautification and benefit of the said Two
Multistoried Buildings at the cost of Railway Revenue and valuable Railway
Land, thus encouraged his mafia activities. In respect of encroachment
of large Railway Land
on 26th July 1987 News were published in Ananda Bazar Patrika. In the said news for wrong doings of Sanjay Kumar
Jhunjhunwala entire marwari community was defamed, as such on 28th July 1987, I sent Letter to Shri S. N. Agarwal,
the then Chief Engineer, Eastern Railway, with reference to said News published in the Ananda Bazaar Patrika dated 26th
July 1987 that 6 Bighas of Railway Land is transferred to Sanjay Kumar Jhunjhunwala. Since said Mr. S. N. Agarwal was one
of the instrumental to said illegal agreement between the Railway and Sanjay Kumar Jhunjhunwala as such on 19th
August 1987, Railway published a false clarification, in Ananda Bazaar Patrika. Thereafter I send Letter dated 9th
November 1987 to Railway and other authorities of Government of India. I received response from the Ministry of Personnel
Public Grievances & Pensions vide Memo Letter No. F. No. 29690/3/DOR/PG-87 dated 20th November 1987, but no
action was taken in the matter. Thereafter I submitted Application dated 3rd June 1992 addressed to the Chairman,
Railway Board, for according sanction for criminal misconduct adopted by entering in such illegal agreement by and between
the Railway and the Sanjay Kumar Jhunjhunwala and his Companies, which were never replied.
8. That from the aforesaid matter relating to
encroachment of the Railway Property, the criminal mentality, mindset and modus operandi of the Land Mafia to grab the private
and public property by hook or crook and then to put the cover of legality, can be proved. Accordingly now documents received
under Right to Information Act, 2005 from the Eastern Railway it appears and can be assumed that in or about 1984-85 or so
Land Mafia Sanjay Kumar Jhunjhunwala through his associate Chunilal Mukherjee encroached valuable plot of Railway Land measuring
about 18,000 Sqr. Ft., out of R. S. Plot No. 218 of Mouza Sahapur, P.S. Behala, Kolkata-38, which land was adjacent to his
own land. He started construction of two multistoried buildings, partly at his own land and partly at the aforesaid encroached
Railway Land.
Subsequently he might have understood that in future, use of Encroached
Railway Land for construction,
may cause some trouble for him. As such he hatched a plot in connivance with the Senior Railway Officials, including the then
Chief Engineer of the Eastern Railway, Mr. S. N. Agarwal and played a game to show that he is going to return the entire encroached
Railway Land to Railways against a compromise to have a common passage between his land and the James Long Sarani. Accordingly
a Registered but illegal Agreement was got executed between the Companies of aforesaid Land Mafia Mr. Sanjay Kumar Jhunjhunwala
and the Railways. After enactment of Right to Information Act, 2005, I have received certified copies of related documents
from the Eastern Railway under RTI Act. The aforesaid documents reveals that the Land Mafia returned to Railways just only
a portion of 9391 (7226 + 2165) Square Feet, out of the aforesaid entire Railway
Land, about 18,000 Sqr. Ft. encroached Railway land. The area of about
1,372 sq. ft., was also used in the alleged Common passage. Therefore total area covered under the registered but illegal
agreement was measured and referred as 7226 + 2165 + 1,372 =10,763 Square Feet. But nothing was referred in the aforesaid
registered but illegal agreement about the rest part of the encroached railway land out of admitted 18,000 Sqr. Ft. encroached
Railway land meaning thereby that still 7,237 square feet land was under encroachment.
According to me encroachment of the Railway Land
might have been 25,000 Square Feet. In any case it appears from a letter written in 1986
by the personnel from Sealdah division of Eastern Railway to its Head Quarter, according to which the area of Railway land
under encroachment was calculated as 25 Cotthas meaning thereby about 18,000 Square Feet.
9. That even the aforesaid game
plan of the land mafia under criminal connivance with the then Railway Officials including Mr. S. N. Agarwal was just a mockery
and akin to throwing the dust in eyes of the entire Railways, since the so-called returned land was again used ostensibly
for the beautification of the project by way of the development of Garden, which only pertained to the Land Mafia, and that
too only at the cost of the tax-payer, as the cost for was born by the Railways, in the name of development of the Garden
for the Railways and thus even maintenance of the same was also to be done by the Railways. Since the aforesaid agreement
was completely silent on the rest part of the encroached land, and the information supplied by the CPIO also did no where
justify it. Finally I filed Complaint before the Central Information Commission, where the Hon'ble Information Commissioner
Dr. O. P. Kejriwal found it to be a fit case to refer it as an apparent matter
of corruption, and hence directed the Eastern Railway to conduct a Survey of the respective Plot No. 218 to find out the portion
of the railway property still under encroachment. The Railways after conducting the Survey sent the survey Map, which contained
certain loopholes too. In the Survey Map it is indirectly indicated that about 4,841 Square Feet Railway land is still under
encroachment, which was used for the construction of the front portions of the two buildings. However, in collusion of the
connivance between the Land Mafia and the Railway Officials, the said Survey Map is also not giving a true picture of the
encroached Railway Land.
Certified Copies of the documents received under the Right to Information Act, 2005, in clear terms appears that the aforesaid
agreement was executed by Eastern Railway to protect the construction of two building by the companies of the aforesaid Land
Mafia Sanjay Kumar Jhunjhunwala, which partly (western portion) were constructed upon the Railway Land, which earlier encroached
by him and his associate Chunilal Mukherjee.
10. Now with the sole object to shift
its obligation and to protect the criminal misconduct committed by the then Railway Officials by entering in the said illegal
agreement, the Eastern Railways referred the matter to State of West Bengal to verify the boundary line of the plot Nos. 218
under discussion. In fact the Railway Administration fully aware that power of the Revenue Authority of the State Government
of the West Bengal was and is limited, which invoked in the year of 1954-58, when Revenue Survey Maps for Mouza Sahapur, Police
Station Behala, Kolkata-700038 were prepared and published by it under West Bengal Estate Acquisition Act, 1953 (Act 1954):
(a) one for the use by the General Public and (b) another for the use by the Railway. In my possession I have printed copy
of the Revenue Survey Map of the aforesaid Mouza Published by the Revenue Authority for the use by the General Public. In
the year of 2006, I also received photocopy of the Revenue Survey Map published by the Revenue Authority for the use by the
Railway, under Right to Information Ac, 2005, from the PIO of the Eastern Railway. Both are giving same boundary lines of
the respective R. S. Plot No. 218. Now the Revenue Authority have no business to alter or change or amend the aforesaid boundary
lines, for any reason whatsoever. In accordance with the aforesaid Two Survey Maps, distance between the Eastern Side of James
Long Sarani, and Western side boundary lines of the property of the aforesaid Private party is arrived more or less at the
Northern end as 114’-0” and Southern end as 88’-0”. At the point of alleged common passage this distance
arrived about 103’-0”, with small variation. Therefore this was duty of the Railway Administration to point out
the boundary lines of the R. S. Plot No. 218 at its own level. To protect encroachment of the Land Mafia Railway Officials
from the Railway Administration cannot shift its such obligation upon the Revenue Authority of the State Government, under
some criminal conspiracy.
11. I was fully aware about the modus
operandi of the land Mafia, that he can use his Nexus with the Powerful Politician and bureaucrats to influence Railway Administration
to change its version, at any subsequent event. As such, I have also sought information from the Kolkata Metropolitan Development
Authority (KMDA), the agency responsible for development and construction of the respective Road, i.e. James Long Sarani.
I had received information from the Joint Secretary (Works), KMDA, with reference to aforesaid R. S. Plot No. 218, that no
land acquisition has been initiated by KMDA, for its own use or for construction of road;
12. That the Railway Administration
is fully empowered to protect its popery from any encroachment under the Public Premises (Eviction of Unauthorized Occupation)
Act, 1971 (PPE Act, 1971). Failure from protection of the encroachment of the Railway
Land is just due to in-competency of the Railway Administration or due
to connivance between the Railway Officials and Land Encroachers. Therefore, this is false with full knowledge of Mr. G. Khariwal
that the Railway in the best interest of the Railway Administration entered in Agreement on behalf of the Union of India,
for the protection of the Railway Land
form any other encroachers;
13. That the aforesaid Agreement was
no way was and is less than a transfer of the title of the Railway land in the garb of the alleged Common Passage, since there
were no scope in future to use the respective common passage by the Railway Administration.
14. That this is totally false and
false to knowledge of respective Central Public Information Officer (CPIO) and the then Chief Engineer Eastern Railway Mr.
G. Kheriwal, who claimed the length of the common passage as 85’-0”, since neither from the respective agreement
nor from the Map annexed therewith, length of the common passage referred as 85’-0”, as falsely claimed by him
in his Memo Letter dated 3rd July, 2007. However, this is needless to refer that Memo Letter No. 395-C/New Alipore/I. Sealdah, dated 11th November, 1986, containing a proposal, forwarded under the signature
of one Mr. Hari Pada Bakshi, from the Office of Divisional Railway Manager, Sealdah Division to the Chief Engineer, Eastern
Railway, Kolkata. In paragraph 7 of the aforesaid Memo Letter, it was interalia referred that “the Division (Railway
Division) has carefully examined the proposal and has agreed, with the personal approval of DRM, to grant permission to the
applicants for common use of one of the roads measuring 20’ ft., wide and 85’ ft. long”. But, this length
of the proposed road (common passage) was not incorporated in the said agreement or Map annexed therewith. The certified copy
of the said Memo Letter dated 11th November, 1986 was received by me under Right to Information Act, 2005, from
Eastern Railway, in which it was also referred at paragraph 6 that the Railway land under encroachment of the aforesaid Private
Parties is about 25 Cottahs. Therefore the measurement of 25 Cottahs of Land arrived 18,000 Square Feet. One Cottah is equal
to 720 Square Feet.
15. That in consideration of the alleged
facts referred in the aforesaid Memo Letter No. 395-C/New Alipore/I. Sealdah, dated 11th
November, 1986, criminal connivance between the respective Railway Officials and the said Land mafia is proved in clear terms,
from the agreement itself, which was prepared after about 7 months, form the said Memo Letter dated 11th November,
1986. The respective Railway Officials find it difficult to refer 85’-0’ long common passage in the said Registered
Agreement and Map annexed thereto. Because, when in the month of April, 1987, the draft for aforesaid agreement was prepared
by Mr. Hari Pada Bakshi, the same Railway Personnel, he understood that the distance between the James Long Sarani and aforesaid
constructions is only left at the proposed common passage, on one side just as 67’-0” and on the other side 71’-0”.
Therefore, in the draft for approval of the respective private parties he decided not to refer the size of length of the common
passage. However in the Map annexed with the agreement length of common passage was referred just as 67’-0”and
71’-0”, not the 85’-0”, as falsely claimed by Mr. G. Khariwal, the then CPIO, which was also his criminal
misconduct as public servant.
16. That some time in October 1994 Mr. Kedarnath Fatehpuria
used anti-socials to get vacate a large property namely called as Alexandra Buildings, a prime property, situated at Jawaharlal
Nehru Road, Kolkata, hurling Bombs upon the residents. Even after repeated calls Police from Bhawanipore Police Station not
turned up. One resident known to Mr. Arun Bhagat, the then Director of Central Bureau of Investigation in Delhi. He conveyed the terrible situation. Mr. Arun Bhagat telephoned Mr. Manish Gupta, the
then Home Secretary about the same. Thereafter under his instructions the Lal Bazar H. Q. of Kolkata Police arrested Mr. Fatehpuria,
but in the midnight one W. B. Minister Matish Ray personally come to Bhawanipore Police Station and arranged his Bail from
a Criminal Case registered under Non-Bail-able sections. Subsequently Officer-in-Charge of the Police Station was made scapegoat
for illegal release of Mr. Fatehpuria. The story was stated by the person, who himself telephoned to Mr. Arun Bhagat, and
he also informed that subsequently Mr. Manish Gupta started working for settlement between Mr. Fatehpuria and the residents
of the said Building. In considerations of such information I sent a letter to Mr. Manish Gupta, the then Home Secretary of
West Bengal. News about arrest of Mr. Fatehpuria and reaching of Minister at Police Station
were published in Newspaper. In this respect News were published on 4th and 5th October 1994, in Bengali
Daily Newspapers.
Therefore,
for verification of the aforesaid true facts the then Senior Railway Officials from Eastern Railway and Land Mafia Sanjay
Kumar Jhunjhunwala and his associate Chunilal Mukherjee should be testified through lie detector test and any other scientific
tests which may help to unearth the reason for execution of aforesaid illegal agreement.
THE
BACKGROUNDS OF MY PROPERTIES WHICH LAND MAFIA WANTED TO GRAB WITH THE HELP OF THE GOVERNMENT/JUDICIAL MACHINERY UNDER HIS
NEXUS WITH SHRI JYOTI BASU AND ALSO MISUSING HIS BLACK MONEY AND MUSCLE POWERS:-
1. In the year of 1932 C. S. Survey was conducted
in the then Bengal by the dominion Government of India. As per C. S. survey Records of Rights
and related Map published by the dominion Government the measurement of the entire properties comprised (in C. S. Plot No.
307, 308) under C. S. Khatian No.530, and (C. S. Plot No.309, 310, 311 and 311/995) under C.S.Khatian No.534, both Khatian
within Mouza Sahapur, P. S. Behala ward No. 119 of the Kolkata Municipal Corporation, Kolkata-700038, were 0.60 acre and 0.50
acre respectively totaling 1.10 Acres equivalent to 66 Cottas (One Cottar = 720 Square Feet).
2. That on 23rd December 1947 one
Balaram Paul claiming him-self as legal heir of Gopal Das, thus owner of the Properties measuring 0.50 Acre equivalent to
30 Cottas, comprised in aforesaid C.S. Khatian No. 534 within aforesaid Mouza Sahapur, under some false representations or
otherwise executed one alleged deed in favour of Chittaranjan Ganguly,. But, subsequently in or about May 1948 Police seized
said document in connections with one criminal case from Clerk of Advocate of Balaram Paul. More or less at the same time
he entered in Agreement for sale of the same property to one Nalini Mohan Dey. Between 1948 and 1954 several Court cases runs
between Balaram Paul, and said Nalini Mohan Dey and in each such case Chittaranjan Ganguly, was a party.
3. That the husband of the Ava Rani Dey late
Sri Nalini Mohan Dey purchased Landed properties comprised in entire C. S. Khatian No.530, measuring 0.60 Acre equivalent
to 36 Cottas from it’s the then Owner one Sk. Abdul Rahman, son of Late Manu Sarong through Sale Deed No.3109 of the
year 1948, dated 16th September 1948, executed and registered in Book No. I, Volume No.62 Pages 80 to 82 of Sub-Registrar
at Alipore (Kolkata).
4. That from the various records it appears
that the Chittaranjan Ganguly, is a habitual Cheater and caused frauds upon various people. From two such examples it appears
that in one such matter he got registered Sale Agreement, though he was a college student, in respect of a property comprises
under C.S.Plot No.366 under C.S.Khatian No.473, situated in the aforesaid Mouza Sahapur, kolkata-700 038, to sell it to a
third party on the alleged strength of so-called Sale agreement with the owner of the said land. The owner of the Land, who
refutes that he has executed any Sale agreement in favour
of Chittaranjan Ganguly,, filed a Civil Suit. During his deposition, Chittaranjan Ganguly, admitted that being a Student 1947-48,
he was not in a position to pay the consideration money referred in the Sale Agreement. Learned Court of 1st Munsif,
Alipore, (Kolkata) in his Judgment in respective Title Suit No.193 of 1950 interalia held: “I therefore, come to
conclusions that agreement of purchase relied upon by the defendant is only a piece of paper which was never acted upon. It
contains false, fraudulent entries in its endorsements relating to receipt of consideration, Chittaranjan never possessed
the land in question.” Similarly, Chittaranjan Ganguly, cheated one Kishori Mohan Bose, who lodged an F.I.R. In
the matter Criminal Court of Learned Mr. D. Moitra, 1st Class Judicial Magistrate, held Chittaranjan Ganguly,,
guilty under Section 406 of the Indian Penal Code and awarded fine of Rs.2,000/- or ID to RI for one year. This fact
was published in Newspaper too.
5. That in the year 1948 Balaram Paul, entered
in Registered agreement to sale his entire properties lying and situated under C.S.Khatian No.534, measuring 0.50 Acre equivalent
to 30 Cottas, to said Nalini Mohan Dey and finally executed registered Sale Deed (Kobala) on 8th May 1954, vide
Sale Deed No.851 for the year of 1954, Book No. I, Volume No.12, page 286 to 297 of Sub-Registrar at Alipore in favour of
Nalini Mohan Dey.
6. That on 10th July 1954 Chittaranjan
Ganguly, made an application before Sub-Divisional Magistrate to deliver the alleged Deed Seized in 1948 in connections with
one Criminal Case to him, as referred under Para-4, claiming himself owner of the Deed. On 18th January 1955, Shri
R.N.Banerjee, Magistrate, 1st Class, Alipore after holding the enquiry and recording of witnesses, passed following
order: “Held an enquiry with the matter. It appears that Shri Shyama Charan Choudhury, Muketeer, took out the exhibits
along with the Sale-deed in question on behalf of the complainant and accused in that case but he did not take any receipt
from either party to show that he actually made over the document to Jagabandhu Chakravorty or any body else. It also appears
from evidence before that the document was seized by Police from the Clerk of Sri Bhupen Bose, Pleader, who was also been
examined by me. It is also in evidence of that clerk that Balaram Pal made over that document to him for inspection by Bhupen
Babu and it also appears from evidence that it is a benami deed purported to be executed by Balaram Pal in favour of (Chittaranjan
Ganguly, herein) Chittaranjan Ganguly simply for rectification of his title. It is, therefore, clear that (Chittaranjan Ganguly,
herein) Chitta Ganguly cannot be real claimant as it was not seized from his custody and also because he seems to be the benamdar
of Balaram Pal”.
7. That on 7th February 1955 by his own hand and pen admitted in a letter written in Bengali script to Late Shri
Rabindra lal Charaborty that he is not a possession holder of the properties referred in the Deed Executed by Balaram Paul
and requested him to support financially so he can acquire the properties. In case if he get the property, he will give large
part of the property to him.
8. That in the year of 1956 Government of West Bengal,
under Land Acquisition Act, 1953, conducted R. S. Survey. Under said R. S. survey measurement of the entire properties comprised
in (R. S. Plot No.194 and 195) under R. S. Khatian No.530, corresponding from aforesaid (C. S. Plot No. 307, 308) under R.
S. Khatian No.530, and (R. S. Plot No. 205, 206, 207 and 219) under R. S. Khatian No.534 corresponding from (C. S. Plot No.309,
310, 311 and 311/995) under C. S. Khatian No.534 were arrived more or less same, corroborating with the said C. S. Survey,
but in respect of individual Khatian area was changed in respect of R. S. Khatian No. 530 as 0.554 Acre and in respect of
R. S. Khatian No. 534 as 0.544 Acre, but grand total of both Khatian was corroborated more or less with 1932 survey and arises
as 1.098 Acre says 1.10 Acre equivalent to 66 Cottas.
9. That in the year of 1963 Nalini Mohan Dey
filed Title Suit No. 301 of 1963 of 4th Court of Munsif, Alipore (Kolkata) in respect of properties comprised in
said R. S. Plot No. 219 within said R. S. Khatian No. 534 against Legal heirs of one Rabindra Lal Chakraborty. Subsequently
in the said Suit Chittaranjan Ganguly, was added as defendant No 14. In the said Suit Judgment was pronounced on 28th
September 1977 by which decided interalia against the Plaintiff that “Plff. Traces his title from Balaram pal son of
Gopal Ch.Pal stating him to be raiyat in respect of land recorded in suit Khatian no.534” and that “C. S. Khatian
534 (ext.3 (a) reveals that Tincouri Sheikh and another were accorded therein as raiyat and Gopal was in possession of the
Suit plot No.311 as a licensee.Ext.3 is the R.S.Khatian 534 showing Sheikh Ghulam Mohammed and other as raiyats and R.S.Plot
219 has been shown to be in forcible possession of defendant Ext.15, Information slip prove as that R. S. Plot No.219 is old
C. S. Plot 311 of Suit. From their records of right I find that neither Balaram nor Gopal nor Abdul Latif was even shown as
Raiyat in respect of suit Khatian or for that matter the suit land, Gopal’s possession was therefore his possession
of a licensee as per the record of rights, the entries in the record of rights have presumption of their correctness. There
is no satisfactory documentary evidence to prove that Gopal was even a raiyat in respect of Suit Khatian, except some registered
deeds wherein admission by the vendors themselves which cannot prove raiyati right of Gopal, in that event, Plff’s case
of Abdul Latif staking settlement of tenancy from Gopal Ch. Pal has no leg to stand”. (Gopal Chandra Paul was father
and predecessor-in-interest of Balaram Paul).
10. That in considerations of the said Judgment and
in considerations of harassment caused y the Chittaranjan Ganguly, this is needless to mention here that when Ld.Court held
that entries in the records of rights have presumption of their correctness, and that neither Balaram nor Gopal nor Abdul
Latif was even shown as Raiyat (Owner) in respect of Suit Khatian, the same finding of the Ld.Court have clear implications
that Deeds executed by Balaram Pal, in respect of aforesaid suit Khatian i.e. C.S./ R.S.Khatian No.534 as aforesaid (whether
it was executed in favour of Chittaranjan Ganguly, or in favour of said Nalini Mohan Dey,) “has no leg to stand”.
However, plaintiff of the Suit Nalini Mohan Dey preferred Title Appeal No.1179 of 1979 of the 11th Addl.District
Judge at Alipore (Kolkata). The Appeal was also dismissed by the Judgment pronounced on 7th August 1979. The Operating
part of the Judgment was as follows: - “So though not agreeing with the findings of the learned Court below I hold
that the Judgment and decree passed by it should be affirmed and should not interfered with” and ”The Judgment
and decree passed by the learned Munsif be hereby affirmed”. Therefore, on the basis of the Judgment by trial court
entries recorded in the document exhibited i.e. the Records of Rights relate to Suit Khatian No.534, have presumption of their
correctness, thus undisputedly and admittedly was binding upon all parties in the suit which was recorded in the following
manner:-
R.
S. Khatian No. 534 :
R.S.Plot
No.205 0.168 Acre recorded against column for owner that it in forcible occupation of Nalini Mohan Dey since
1954.
,,
206 0.187 ,, ,, ,, ,
,,
207
0.031 ,, ,,
,,
,, 219 0.158 ,, recorded under column for owner as in forcible occupation of Rabindra Lal
Chakraborty since 1951.
Total 0.544 Acre
DETAIL FACT RELATING
TO CONSECUTIVE SERIAL BLACKMAIL ACTIVITIES COMMITTED AGAINST ME:-
1. That in the year of 1981-82 Ava Rani Dey
and her daughter as legal heirs of Nalini Mohan Dey since deceased, falsely claimed in writing through their Lawyer Learned
Mr. Swapan Kumar Chakraborty, Advocate, that they are owner 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 and finally on 5th February 1982 I entered in the Agreement with the said Ava Rani Dey and her daughter
to purchase the aforesaid properties comprised in C. S. / R. S. Khatian Nos. 530 and 534 as aforesaid. Before entering in
the agreement correspondence between the then my Lawyer Ld. Mr. Aloke Nath Ghosh, Advocate and Lawyer of the Ava Rani Dey
and her daughter Ld. Mr. Swapan Kumar Chakraborty were held.
2. That subsequently, it was transpired that
according to the aforesaid Two Deeds in favour of said Nalini Mohan Dey, including one executed by said Balaram Paul, and
on the basis of the C. S. Survey as well as R. S. Survey total area of the properties comprised in Two Khatian No. 530 and
534 was just 1.10 Acre equivalent or 66 Cottas. Out of the aforesaid properties measuring 66 Cottahs predecessors-in-interest
of the aforesaid Ava Rani Dey and her daughter already lost claims over the properties comprised at R.S.Plot No.219 measuring
more or less 10 Cottas. This fact was hidden by them and their lawyer Ld. Mr. Swapan Kumar Chakraborty, Advocate for some
malafide reasons and intentions. Accordingly, aforesaid Ava Rani Dey and her daughter actually were owners of more or less
56 cottas of land, against their false claim of 70 cottas of land. However, between 31st May 1983 and 28th
June 1983, out of 56 Cottas of land aforesaid Ava Rani Dey and her daughter admittedly 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 21/22 cottas, for non-compliance of some mandatory legal provisions. But, Ava
Rani Dey and her daughter delivered physical possession of the aforesaid two plots too along with other parts of the property
on 5th February 1982 to me, much earlier from the date of execution of the aforesaid deeds relating to 35 Cottahs.
They also received full consideration money from me, in respect of the entire properties measured 56 cottas of land. Here
I do admit that my the then Lawyer Aloke Nath Ghosh, Advocate, given me wrong advices with some malafide intention, which
I realized only in June 1983, and immediately thereafter said Aloke Nath Ghosh, Advocate was released by me from my legal
matters.
3. That at the time of the purchase of the aforesaid
property, in or about March 1982, I booked some flats from some of my then friends and relations including Shrawan Kumar Bhatter
on certain terms and conditions to provide them residential accommodations after purchase of the aforesaid properties and
after construction, and received token booking amount from them.
4. That at the time of purchase of the aforesaid
properties there were 44 inhabitant families / Tenants, including the Sukumar Das under pendent Ejectment Suits (hereinafter
are referred just as tenants). Since I am a social-minded person, since my childhood, as such immediately after purchase of
properties, I offered rehabilitation proposals to all the aforesaid tenants. Knowing about my proposal, Kamlesh Chandra Chatterjee
a local CPI(M) Leader as well as close friend of Shri Somnath Chatterjee, M. P., in the garb of leader of the tenants, entered
in the matter, to exploit personal benefits and gains from me, from behind the scene, without knowing that I never entered
in any compromise against principles under any duress or otherwise. Under his abetments and instigations, tenants started
criminal activities against me, to blackmail me. Considering constant and regular such blackmailing activities, I decided
to put my aforesaid rehabilitation proposal on record, thus sent letter dated 29th December 1982, by Registered
Post to the Officer-in-charge of Behala Police Station and Leaders of the tenants, informing thereby, my aforesaid proposed
offer for the rehabilitation of the then 43 tenants.
5. That on 9th January 1983, in a
joint meeting, held at Ajanta Cinema, and attended by CPI(M) Leaders of the Tenants, including Kamlesh Chandra Chatterjee,
Myself and representatives of the Tenants. My proposal was appreciated and accepted by the all the Tenants present there and
CPI(M) Leaders except Kamlesh Chandra Chatterjee. But, subsequently, under ill advice from the Kamlesh Chandra Chatterjee
tenants including Sukumar Das further started to create more and more pressures upon me for payment of money, against any
other compromise which includes for rehabilitation.
6. That under ill-advise from my the then Lawyer
Mr. Aloke Nath Ghosh, Advocate, in February 1983, after about 12 months from the purchase of the aforesaid land, I formed
and get registered a Cooperative Society namely Nav-Surya Cooperative Housing Society. All the persons, who booked flats with
me, I made them promoters / members of the said Cooperative Society, though the property was absolutely purchased by me, through
my own nominees. On 4th March 1983, Shrawan Kumar Bhatter and Mr. Prabhu Dayal Sureka attended the Managing Committee
meeting of the Cooperative Society as its members. Thereafter, considering consecutive serial troubles created by the tenants
and in spite of Notice to them by Registered Post, they never taken care or bothered about the working, matters and affairs
of the said alleged Cooperative Society, till 18th July 1986, till attempt to kill me was not taken place under
a Plot hatched by the Land Mafia Sanjay Kumar Jhunjhunwala and his associates.
7. That under ill-advise from Ld. Mr. Aloke
Nath Ghosh, Advocate, and after registration of said Cooperative Society, under fiduciary relationship between me and the
bookies of the aforesaid flats, who were made by me as the promoters of said Cooperative Housing Society, between 25th
March 1983 and 31st May 1983, I transferred the Properties comprised in R.S. Plot No. 194, 205 and 207, in favour
of the Cooperative Society just as name lenders and without receiving any payment as consideration money.
8. That on 4th June 1983, Learned
Munsif, Alipore 5th Court, Mr. Jayanta Das Gupta passed an order in 36 Ejectment Suits (in the nature of analogous
hearing) pending against Tenants including Sukumar Das. But, subsequently on the same day, but without my knowledge, under
embracement from Ld. Mr. Timir Baran Banerjee, Advocate and his junior Ld. Mr. Kalyan Kumar Ghosh, Advocate and also under
connivance with Ld. Mr. Aloke Nath Ghosh, Advocate, but without any steps taken by any of the tenants, recorded order in one
Suit. First of all I released Mr. Aloke Nath Ghosh, Advocate, from my working, and then against aforesaid Order illegally
passed by Ld. Munsif sitting in his chamber violation of Civil Rules and Orders, I raised objections and filed Petitions in
all the Suits. But, thereafter, between 8th June 1983 and 27th July 1983 Mr. Jayanta Das Gupta misused
his judicial 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 the order passed on 04th June 1983 was removed subsequently. Both
Certified Copies were filed by me before Kolkata High Court, along with the Revision Petition. Such development was happened
as the said Mr. Kamlesh Chandra Chatterjee, under malafide intentions, misused his political contacts with said Mr. Timir
Banerjee, Advocate of Alipore Court (Kolkata) to embrace the then Presiding Officer of the Learned Munsif, Alipore 5th
Court, said Mr. Jayanta Das Gupta to cause severe damages in the Court proceedings of the Ejectment Suits pending against
the aforesaid tenants.
9. That after knew about such interpolation,
I 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, between 13th July 1983
and 26th July 1983, before the said Court of Munsif itself. Initially Mr. Jayanta Das Gupta, the then Learned Munsif,
Alipore 5th Court, withheld such applications,
but, on 27.7.1983, applications were recorded as Misc. Case No.77 to 95 all of 1983. In September 1983 I filed 31 Revision
Applications and placed detail facts of interpolations in Order Sheets before Hon’ble Kolkata High Court.
10. That on 16th September 1983 aforesaid
Tenants including the Sukumar Das filed Title Suit No.108 of 1983 before the Learned Court of 7th Sub-Judge Alipore,
against me and said Cooperative Society and obtained ex-parte Ad-interim Injunction Order. After knew about Injunction Order,
I appeared in the Suit and admitted before the Ld. Court
that I have no intentions to remove any of the Tenants without due process of Law. Thereafter on 4th October 1993,
Ad-interim Injunction Order was modified. But the said modified injunction order was no way helpful for the blackmailing objects
of the Tenants including Sukumar Das and leaders of tenants Mr. Kamlesh Chandra Chatterjee.
11. That on 22nd September 1983 tenants
accepted another rehabilitation proposal, offered by me, but once again under abetment from Kamlesh Chandra Chatterjee, not
materialised. However, constant blackmailing activities were continued against me. After several negotiations and modification
in the rehabilitation proposal, each given by me, an written agreement was held on 10th October 1983, in a meeting
held at the behest of the leaders of the tenants, in Behala Police Station, chaired by the then Office-in-charge of Police
Station, with a condition that compromise Petitions for the Ejectment Suits would be approved by Shri Som Nath Chatterjee,
M. P.
12. A Joint Meeting of the representatives of the Tenants
including the Sukumar Das, Local CPI (M) Leader (which with malafide intention was not attended by Kamlesh Chandra Chatterjee)
and me was conveyed, at the residence of Shri Som Nath Chatterjee, M.P., and 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, Shri Som Nath Chatterjee, M.P. instructed to Learned Mr. Pranab Chatterjee,
Solicitor to check the Draft of 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.
13. That in one of the Affidavit Sanjay Kumar Jhunjhunwala
admitted that he purchased properties at Binoba Bhave Road,
Ward No. 119 of Kolkata in November 1983, neighboring to the properties of me.
14. That after knew about aforesaid compromise at the
residence of Shri Somnath Chatterjee, M. P., and taking advantage of the Revision Petitions filed by me in September, 1983
in the Kolkata High Court, a plot was hatched under connivance between said Kamlesh Chandra Chatterjee, 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 Court staff, from the Court compound in presence of about 500 litigants, Advocates and others, and lodge me behind
the bar on the false pretext that I was caught red handed when I was stealing the Court Records of the T. S. No. 265/1982.
This is very important fact that Revision Petition filed by me in September, 1983, before High Court, my main allegations
was also relating to removal of Order Sheet from the selfsame T. S. No. 265/1983. However, under the grace of the God, when
I was lifted by force, one senior reporter of the Telegraph was also present there, who collected requisite information’s
from my Counsels 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 whole matter.
On 23rd December 1983, I also filed an application for according sanction to prosecute Shri Jayanta Kumar Dasgupta.
The detail matter was also published in the renowned Bengali Newspaper: Ananda Bazaar Patrika dated 4th January
1984.
15. That on 28th December 1983 tenants with
active participation of Sukumar Das, and help of one anti-social Gopal Das stolen my Generator Set and Type Writer from my
site office and sold it at two different places. Police caught the purchaser of the Generator-Set, but under political influence
subsequently taken no actions against criminals. This was referred in FIR No. 91(12)83
dated 29th December 1983 of the Behala Police Station (Within the District of South 24-Parganas, covered under
Bengal Police.
16. That on 17th February 1984, Ld. Mr.
Srikanta Bhattacharyya, Advocate, manipulated the impact of Modified Order passed on 4th October, 1983, in the
said Title Suit No. 108 of 1983 of Ld. Court of 7th Assistant District judge, Alipore, and issued a Certificate
under heading “TO WHOM IT MAY CONCER”. After knowing the same, I served Legal Notice dated 27th February
1984 upon Ld. Mr. Srikanta Bhattacharyya, Advocate, against such manipulation. After few correspondences, he left from the
said Suit. Finally under Orders passed in T. S.No. 108 of 1983, I was succeeded to construct of the boundary wall surrounding
the entire properties. When tricks of the aforesaid tenants and their leader Kamlesh Chandra Chatterjee failed to restrain
me from construction of boundrywall, on 29th February 1984 tenants filed a Petition under Section 144(2) of Cr.
P. C. against me and started to hurled brickbats and Bombs upon my Labours. I lodged FIR
No. 106(2)84 dated 29th February 1984 of the Behala Police Station (Within the District of South 24-Parganas, covered
under Bengal Police.
17. 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 under a plot hatched
by Kamlesh Chandra Chatterjee to kill me. During the manufacturing process of the Bombs, Cigarette ash fallen on accumulated
materials for manufacturing of the Bomb, and serious blast was taken place in which said anti-social Gopal Das and one Tenants
were burnt seriously. A false story was created. Said Gopal Das was Bengali by birth, while one lady Tenant by birth Oriya,
but under abetment from Kamlesh Chandra Chatterjee, claiming him as her own brother, lodged a false First Information Report
No. 4(3)84 dated 2nd March 1984 of the Behala Police Station (Within the
District of South 24-Parganas, covered under Bengal Police, 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 the aforesaid self-same false story. As a result Shri Snehangshu Acharya telephoned to Director General
of West Bengal Police to arrange my arrest. As such the then Superintendent of Police 24-Parganas Mr. K. K. Kalia, I.P.S.,
and the then area Deputy Superintendent of Police Shri Md. Nizam, I.P.S., rushed to Behala Police Station and armed Police,
were deployed at my property. That one honest but top Local C P I (M) Leader, who was also leader of the Tenants was also
present at Behala Police Station, (who was supporter for acceptance of my compromise formula), when Senior Police Officers
reached at the Police Station and discussed whole matter in his presence, as such he informed through some one to me that
Police is coming to arrest me. However, during the discussions, some doubts in the mind of Mr. K. K. Kalia were cropped up
about the said false story, as such he instructed Shri Md. Nizam to go and see the burnt persons in the Hospitals. After coming
back, said Senior Police Officer Shri Md. Nizam reported that the burning of the both victims are not from the Acid Bomb,
rather map of the burning is amply clear that they were engaged in manufacturing of the Bomb, when fire was caught. As a result,
Superintendent of Police 24-Parganas Mr. K. K. Kalia, I.P.S., instructed to local Police Officers not to arrest me. Since
I was not aware about such subsequent developments, as such when on 5th March 1984, my lawyer moved anti-cipatory
bail application on behalf of me, the then Presiding Judicial Officer of the Court of District Civil & Sessions Judge,
Alipore (Kolkata), 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 but honest and law abiding citizen, but by this matter
as referred by Shri Snehangshu Acharya, he was socked that I might be a dreaded criminal. However, in spite of all such remarks,
Hon’ble District Judge granted temporary anti-cipatory bail to 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. After knew about such story of Telephone from Advocate General to District Judge, on 7th March 1984, I
sent strong 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)
and other Police Authorities and District Secretary C.P.I.(M). After receipt of the said Letter Shri Acharya directed Intelligence
Branch, West Bengal Police to enquire the whole matter, which was done. As the then Addl. Superintendent of Police, 24 Parganas
Mr. A. M. Joardar, IPS, shown me the respective Voluminous Report.
18. That on 10th April 1984, I filed one
Writ Petition being No. C.O. 4044(W) of 1984 for Police help before the Hon’ble Court of B. C. Basak, J, as then was
of the Kolkata High Court, 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, (Ex-Advocate General of West Bengal and subsequently
he was elevated as Attorney General of India) appeared in the matter on behalf of the Respondents therein including Sukumar
Das and made verbal sentimental pleadings before the 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 pleadings) without taking any
fees, as such under impact of such sentimental verbal pleadings, Hon’ble Court stayed its said earlier passed on 10th
April 1984, for Police Help.
19. 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
written by Mr. Som Nath Chatterjee M.P., was quoted 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 Draft of
Compromise Petition, corrected by Ld. Mr. Pranab Chatterjee, Solicitor, corrected under instruction from Shri Somnath Chatterjee,
M. P., through Letter Dated 7th May 1984 by Regd. Post, to Shri Som Nath Chatterjee, M.P. Reportedly thereafter,
letter which was earlier written by Shri Som Nath Chatterjee, M.P. was withdrawn from the locality.
20. That in the said Writ Petition being No. C.O. 4044(W)
of 1984, subsequently, Respondents, including Sukumar Das, filed their Affidavit-in-opposition, based on a 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. On 2nd
August 1984, I sent a protest letter to Ld. Mr. Dipankar Gupta, Bar-at-Law, against his sentimental pleadings before Hon’ble
High Court, without relying upon any written petition.
21. That said anti-social Gopal Das was released from
the Hospital and needed subsequent treatment with valuable Ointments as such he met with the Tenants, including Sukumar Das.
Since he was no longer required by the Tenants as such they threw him out. 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 concerned Police Officer ask him to reveal the real story behind his burning, then he revealed real story
related to his engagement along with Tenants including Sukumar Das in manufacturing of the Bombs. Thereafter, I ask to aforesaid
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 a written paper in Bengali script through the hand and pen of his wife, which was translated in English and
placed before One Executive Magistrate, 24-Parganasd in an Affidavit. In consideration of the serious nature of material,
said affidavit was rejected, but numbered as document No. 5887 dated 14.5.1984. After going by the aforesaid handwritten noting
and said rejected Affidavit, Police Officer from Behala Police Station advised the said Gopal Das, that if he can show courage
to admit the truth, he will be forwarded before the Judicial Magistrate, for his confessional statement, but same can cause
some problem for him too, because he may be punished for his involvement in manufacturing of the Bombs, with intention to
kill some one. Gopal Das was ready to confess the real story, as such Police arrested him and send before Judicial Magistrate,
where he revealed entire story in real verbatim, and he further revealed the story related to theft of my Generator Set and
Type Writer on 28th December 1982, which earlier he not disclosed either to me or to the Police. On the basis of
his 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, under political pressure from the
C. P. I. (M) Party.
22. 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 5th Court Ld.
Mr. Jayanta Kumar Dasgupta on 25th November 1983, after lifting me by force. Reportedly within few days from my
discharge from the said false 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.
23. That between 19th September 1984 and
14th January 1985, Tenants filed three 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, the Petitioners
of each cases become absentee of respective matters and each one was filed Under section 144(5) of the Criminal Procedure
Code.
24. That on 18th December 1984, I sent a
circular Letter to all persons who booked the Flats with me, including 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 said Circular Letter,
Shrawan Kumar Bhatter and some others, verbally refused to make any payment in considerations of troubles prevailed in the
property.
25. That on 23rd January 1985, I received
a written message from Deputy Superintendent of Police of the Jadavpur, through Behala Police Station to meet him immediately.
When on 30th January 1985, I met with Shri Md. Nizam, I.P.S. the then Deputy Superintendent of Police, I understood
that Shri Md. Nizam was, well conversant about me and my nature of law abiding, since he was involved in enquiry of the matter
of injury of said Gopal Das and one tenants caused by manufacturing of the Bombs, as such he shaw me one written order issued
by Shri Jyoti Basu under his own pen and signature, directing thereby to District Magistrate 24-Parganas, to remove me from
my absolute properties, on false claim that properties is belonged to one Chittaranjan Ganguly. After going through the said
order, Mrs. Ranu Ghosh, I.A.S., the then District Magistrate forwarded it to Shri Md. Nizam, the then Deputy Superintendent
of Police of the respective area, with instructions to comply the order of the Chief Minister. After going through the aforesaid
Order from Shri Jyoti Basu and instructions from District Magistrate, I offered to Shri Md. Nizam to hand over the keys of
the properties against the appropriate receipt. But, Shri Md. Nizam replied that he doesn’t want to do any thing illegal,
if I have to say anything I will be allowed to say. Thereafter, I submitted 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.
26. That during the same period, one Chuni Lal Mukherjee
being agent and on behalf of the Sanjay Kumar Jhunjhunwala decides to encroach my properties, since they already encroached
large size Railway Property. With regards to encroachment of the large size Railway property now I received appropriate evidences
from the Railway under Right to Information At, 2005. After knew about his intentions to encroach my property, I served Legal
Notice dated 13th February 1985 by Registered Post to Chuni Lal Mukherjee. Till then I was not aware that he was
working on behalf of land Mafia Sanjay Kumar Jhunjhunwala. After receipt of the Lawyers Notice Chuni Lal Mukherjee under close
connivance with respective Police Officer lodged one false Criminal Case No. 54(2)85 dated 19th February 1985 of
Behala Police, that I demanded Rs.20,000/- from him. The object of such false case was to get arrested me, when I will restrain
to Chuni Lal Mukherjee from encroaching my property.
27. That, however, after receipt of the aforesaid letter
dated 1st February 1985 from me Mrs. Ranu Ghosh, IAS, District Magistrate, 24-Parganas, issued fresh orders withdrawing
her earlier order. This was conveyed by Shri Md. Nizam to when he called again by message dated 22nd February,
1985.
28. That in the meantime. In consideration of the intention
to encroach my property, I filed Civil Suit against Chuni Lal Mukherjee. Considering implications of the Civil Suits, Chuni
Lal Mukherjee stopped his malafide activities against me for time being, and on 6th February 1986, by a letter
addressed to the Officer-in-charge of Behala Police, with copy to me, admitting thereby that the Criminal Case being Behala
P.S. Case No. 54(2)85 filed by him against me was based on untrue information. But, now information received under the RTI
Act, 2005, the said letter was not served upon Behala Police Station. Therefore, Chunilal Mukherjee should be scientifically
testified and convicted for lodging a knowing fully false First Information Report, just to black mail me, with the help of
respective the then Police Officer from Behala P.S.
29. That under Kolkata Municipal Corporation Act, functioning
of the Kolkata Municipal Corporation is covered under Supervision or Control of the State Government, since its 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 New (Hogg)
Market. That in or about in the year of 1984-85, fire was caught in a portion of the New (Hogg) Market; being a famous market
of the Kolkata, since the English regime. Reportedly, some people claims that the Fire was man-managed. Kolkata Municipal
Corporation was owner of the said Market. Now on the basis of the Information received from Income Tax Department under RTI
Act, 2005, I can presume that under some unholy arrangement rebuilding Contract for said burnt portion of New (Hogg) Market
was staged in such a way, that the same could be awarded only to M/S. Martin Burn Limited a Company controlled and managed
by Sanjay Kumar Jhunjhunwala and his aforesaid relations, including Mr. Kedarnath Fatehpuria with the help of finance from
Radhey Shyam Tulsian, Shankar Lal Saraf and Govind Ram Agarawal. Under the aforesaid 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. Reportedly, aforesaid contact
was awarded through Mr. S. K. Todi, the good friend of Shri Jyoti Basu. In or about in 1983, during good relationship, Mr.
S. K. Todi admitted that every week one time’s diner or lunch of Shri Jyoti Basu was fixed at his residence. However,
aforesaid contract in favour of the M/S. Martin Burn Limited, Mr. Sanjay Kumar Jhunjhunwala started to corrupt every officials
of the Kolkata Municipal Corporation. Then he decided to grab various properties through illegal means and methods including
blackmailing, with the help of the Kolkata Municipal Corporation, as was also committed against me. Resultantly, Sanjay Kumar
Jhunjhunwala becomes unscrupulous businessmen then Mafia, with the help, support and protections from Shri Jyoti Basu, the
then Chief Minister of West Bengal, and Governmental Machinery from West Bengal, Shri Kamal
Basu, the then Mayor of Kolkata Municipal Corporation and Corporation machinery. In view of the experiences suffered by me,
it becomes amply clear that entire administration of the Kolkata Municipal Corporation started to work in the matters relating
to Sanjay Kumar Jhunjhunwala, just like his private office. Whenever I approached concerned authorities of the State Government
including the 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 Sanjay Kumar Jhunjhunwala, instead of any action,
every time magnitude of the atrocities against me were enlarged.
30. That in or about in March 1986 I got obtained sanction
of two plans, each for two buildings 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 my own name, in my capacity as Power of Attorney of Ava Rani Dey and her daughter Dipika Rani Bhattacharyya,
because, Sale Deed for the same were not executed, though full payment was made and physical possession of the property was
delivered me in February 1982. In June1986, I got vacated the Possession hold by the 7 Tenants under Litigation as per Orders
in Execution Proceedings passed with reference to respective decrees against Tenants.
31. That after February 1986 Sanjay Kumar 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 his sole object to develop contacts with the alleged members of my Cooperative Society including
Shrawan Kumar Bhatter, who were living in the same building, where then I was also living. After entire R. S. Plot No. 205
was got vacated from the respective Tenants, some time in the month of June 1986, Sanjay Kumar Jhunjhunwala and his associate
Chunilal Mukherjee meets secretly with my Tenants including Sukumar Das those still resident of aforesaid R. S. Plot No. 194,
and abetted them to kill me. Accordingly a plot was hatched, thus on 18th July 1986, a severe attempt to murder
me, was committed, in which I suffered 42 stab wounds in my body. The matter was registered as FIR No. 67(7)86 dated 18th July 1986, of the Behala Police Station (Within the District of South 24-Parganas,
covered under Bengal Police, in respect of attempt to murder me. When I was in Hospital, Sanjay Kumar Jhunjhunwala
visited 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 for sell of the property. Reportedly under gratification from Sanjay Kumar Jhunjhunwala
Shri Bhola Nath Mukherjee, Area Councilor, acted as middlemen to help one of the accused committed crime to kill me, to get
bail from the criminal case of Attempt to murder of me. In consideration of such information I sent Protest Letter dated 5th
August 1986 to Shri Bhola Nath Mukherjee, Councilor, through Regd. Post.
32. That during visit in Hospital, Sanjay Kumar Jhunjhunwala
developed contacts with Shrawan Kumar Bhatter and his father as a result after discharged from Hospital Shrawan Kumar Bhatter
with his father met and forcefully persuaded me to sell the property to Sanjay Kumar Jhunjhunwala. When I refused to sell
the property, they started to instigate each member of the Cooperative Society. However, on 6th September 1986
Extra Ordinary General Meeting of the Cooperative Society was 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 in to 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 want to see the sale of the property to Sanjay Kumar Jhunjhunwala. As such they decisively not attended the said 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 was allotted in favour of 15 the then Members describing specific allotments
of proposed flats and from Southern side proposed building allotted in favour of 8 Members. On 28th October 1986
Allotment Letters in favour of all then existing 23 members including Shrawan Kumar Bhatter were forwarded. The said two Building
could have been constructed by or on behalf of the respective allotters 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.
33. That in the meantime, Sanjay Kumar Jhunjhunwala
got forged a letter, as if it have been written by my Ex-tenants, who ejected from respective Rooms situated at R. S. Plot
No. 205 in terms of the Orders in execution proceedings, and vacated themselves after recording their admission to do so,
before the Ld. Court. In the said forged 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 forged 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 cognisance of it.
Sanjay Kumar Jhunjhunwala sent his Letter dated 5th August 1986 to me enclosing therewith the photocopy of the
said forged Letter and envelop through which he got arranged to receive the said letter by registered Post, as if has been
sent by my tenants.
34. 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, Kolkata Municipal Corporation
started granting illegal sanction of building plans, in favour of the Companies of Sanjay Kumar Jhunjhunwala in serious violation
of the Building Rules. For instance earlier Kolkata Municipal Corporation granted sanction of building plans for a building
of five stories in favour of one Satamita Apartment Association, in respect of properties comprises in 39/41, Vinoba Bhave
Road, Ward No. 119 Kolkata, which subsequently with the help of Chuni Lal Mukherjee acquired by Sanjay Kumar Jhunjhunwala.
Thereafter, said plans were revised for Three Ten Stories Buildings, in serious violations of the Buildings Rules. There are
no ends of the covetousness/greediness, of the said Sanjay Kumar Jhunjhunwala. As such since he got encroached large size
land belongs to the Railway, with the help of said Chunilal Mukherjee. As such, when, he started constructions of the aforesaid
Buildings, under such greediness he started part of the two buildings at the Railway Lands. Now I received appropriate documents
under RTI Act, 2005, from the Railway to prove the aforesaid encroachment of the Railway Property, construction of the two
buildings partly on the Railway land and then to save aforesaid constructions form any future action from Railway he got executed
under criminal connivance with senior Railway Officials, an illegal agreement with Railways.
35. That when matter of construction of buildings beyond
the Five Storied comes to the notice of the then Mayor-in-council (Buildings) 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 Nexus between Shri Jyoti Basu and Sanjay Kumar Jhunjhunwala. Subsequently Plans for three
Buildings was revised for Two Buildings of 11 Stories and one Bungalow, allowing thereby to Sanjay Kumar Jhunjhunwala to exploit
more profit from illegal part of such sanction. Since the same period true face of the Sanjay Kumar Jhunjhunwala was also
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 the fact relating to 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 made by
Shri Kamal Basu, during the aforesaid interview was not consistent with Law and Building Rules. But, said interview was not
published. This is presumed that after such interview, Shri Kamal Basu might have informed Sanjay Kumar 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.
36. That during the visits in Hospital, Sanjay Kumar
Jhunjhunwala, also informed me that he has one friend in the Telegraph Newspaper and already ask him to publish one story
relates to attempt to my murder. However, on those days one regular feature under the heading “KOLKATA 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 “KOLKATA ROUNDUP”, with the specific heading for specific News item as “Antisocial
terrorise slum dwellers”. That 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 “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
me 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.
37. That I was eager to know that who was behind the
said forged letter forwarded by Sanjay Kumar Jhunjhunwala through his covering letter dated 5th August 1986, as
such when aforesaid ejected tenants, visited me at my the then residence to know about my health, I shown them photocopy of
the said forged letter. They were not only surprised, but also declared that letter is not sent by them nor thumb impression
there or signature are belongs to them but certainly was forged one. As such I ask Sanjay Kumar Jhunjhunwala about authenticity
of the Letter, which was never given. However, considering non-impact of the said created letter, Sanjay Kumar Jhunjhunwala
created another false story and conveyed it to me. After knew about alleged information with a new story from the Sanjay Kumar
Jhunjhunwala, strong doubts were cropped up in my mind about the Role of Sanjay Kumar Jhunjhunwala that he himself might be
behind the Plot to severe attempt to murder me. Thereafter, I received reports about secret meeting of the Sanjay Kumar Jhunjhunwala
with the tenants. As such I ask Sanjay Kumar Jhunjhunwala through letter dated 28th October 1986 to confirm the
information which he conveyed me in writing, which he dared to confirm by his letter dated 5th November 1986. This
was serious matter since the information conveyed me was that the then Police Commissioner of Kolkata Police Mr. B. K. Basu
will remove me form my property, if Sanjay Kumar Jhunjhunwala would purchase the property form adjudged Cheater Chittranjan
Ganguly.
38. That as per reports gathered by me, Shri Jyoti
Basu the then Chief Minister of West Bengal instructed Shri Kamal Kumar Basu the then Mayor of the Kolkata Municipal Corporation
to help Sanjay Kumar Jhunjhunwala. 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 said adjudged Cheat Chittaranjan Ganguly. Surprisingly, much before the creation
of said fake Municipal Holding Sanjay Kumar Jhunjhunwala referred the aforesaid non-existed Municipal Holdings numbers in
his both the Letters dated 5th August 1986 and 5th November 1986, proving his clear role behind the
matter.
39. That on 10th December 1986 I published
an advertisement with reference to my properties comprised in aforesaid Two Khatian and started construction of One Building at R.
S. Plot No. 205 and another Building at R. S. Plot No. 206 as per their respective sanction plans.
40. That in the meantime the Membership 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 single joint
family), Prabhu Dayal Sureka and Sushil Kumar Tulsian were seized automatically by operation of Law under West Bengal Cooperative
law, against their refusal to accept allotments made in their favour on and from 24th January 1987. When it was
transpired that Mrs. Mira Pandey the then Registrar of Cooperative Societies (now Secretary Department of Food and Supplies,
of West Bengal Government) in garb of alleged Membership of aforesaid 7 persons is trying to blackmail me, facts relates to
cessession of membership were informed to her by Letter dated 14th February 1990, sent by Registered Post to her
with copies to all those 7 persons.
41. That aforesaid fake story conveyed by Letter dated
5th November 1986 by the Sanjay Kumar Jhunjhunwala, was open threat to me and his close proximity with senior Police
Officials like Commissioner of Police, Kolkata, that he can be removed from my absolute 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., by letter dated 26th
February 1987, by Registered Post that since his name is dragged in the said story, he should find out the alleged Advocate.
But most surprisingly, instead of taking any action but to cover-up the matter, the Office of Kolkata Police, instead of enquiring
about the alleged Advocate from Sanjay Kumar Jhunjhunwala, sends two letters dated 11th March 1987 and 16th
April 1987 to me, to inform them the name of the Advocate, proving that aforesaid Letters were sent under instigation from
Sanjay Kumar Jhunjhunwala, who was close connections with very powerful politicians and bureaucrats, including Shri Bikas
Kali Basu, I.P.S.
42. That on or before 12th March 1987 Sanjay
Kumar Jhunjhunwala through one of his friend paid Rs. 5 Lacs in black money to
one Ram Gopal Saraogi the then of 4, Synagoge Street, Kolkata-700001. Out of such fund said Ram Gopal Saraogi made payment
of about Rs.1,25,000/- to Chittaranjan Ganguly, against alleged Agreement for sell of alleged property being alleged Municipal
Holding No.161/N Binoba Bhave Road, Kolkata-700038, to said Ram Gopal Saraogi.
43. Thereafter, on the basis of the aforesaid fake
and created municipal holding number, and on 19th March 1987, under connivance with Municipal officials, Kolkata
Municipal Corporation got received alleged complaints from Chittaranjan Ganguly, and within one working day completed all
its alleged proceedings, starting from receipt of the complaint, setting-up of enquiry, holding of the alleged local inspection,
local enquiry, preparation of alleged 12 page typed report, though person concerned have no typewriter facility, submission
of Report before the authorities, consideration of reports by authorities, and decision to revoke my sanctioned Plans and
to convey its decision to local Police, with direction to stop my constructional activities, 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 Officer-in-charge of Behala Police Station to me. 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 Chittaranjan Ganguly, was made
as Respondent No. 6. In the Judgment Hon’ble High Court made it clear that Chittaranjan Ganguly, can move before appropriate
authority (Civil Court) for appropriate injunctions
against me, if he feels that construction is made at his property. But Chittaranjan 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 my property, claiming it as property of the Chittaranjan Ganguly, and started sending alleged intending
buyers to visit the property. After knew about the same, I contacted Ram Gopal Saraogi, who supplied photocopies of the alleged
agreement between him and the Chittarnajan Ganguly and admitted that he is working on behalf of the Sanjay Kumar Jhunjhunwala.
After knew such fact I sent protest Letter Dated 7-10th May 1987 to Sanjay Kumar Jhunjhunwala with copies to others
by Regd. Post.
44. That as I already pointed out that since inception
of the Cooperative Society, Shrawan Kumar Bhatter and Six other Persons from his subsequently formed Group including his two
brothers never shown any interest in working of the Cooperative matters, as they were just concern to get their respective
flats from me, under agreed terms, and as such since the day of formation of Cooperative Society they did not paid a single
paisa to Cooperative Society or to me, even against written requests. Shrawan Kumar Bhatter and member of his group Prabhu
Dayal Sureka attended Managing Committee meeting of the Cooperative Society only on 4th March 1983 and thereafter
they on this or that pretext avoided to attend the meetings of the Managing Committee. They were much less concerned because
their financial stake was very very limited and negligible. But, suddenly after attempt to murder me committed on 18th
July, 1986, under a plot hatched by Sanjay Kumar Jhunjhunwala, Chuni Lal Mukherjee and others, and under offer for good monetary
gains from Sanjay Kumar Jhunjhunwala, they become interested in alleged working of the Cooperative Society just with single
agenda and objective to create illegal pressure upon me in garb of the enquiry of the working of the Cooperative society,
to make me ready to sell the property to Mafia Leader Sanjay Kumar Jhunjhunwala. Even under the Cooperative Law, enquiry of
working of any Cooperative Society should have been sought, on the 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 aforesaid Cooperative
Society, Shri Jyoti Basu, the then Chief Minister of West Bengal was personally backing the
blackmailing of Shrawan Kumar Bhatter through Sanjay Kumar Jhunjhunwala. As such Cooperation Directorate was ready to violate
every Rule and Provision of Law. At the time of the Allotment made, total number of Members of the Society were 24 as such
one third could have been eight members. However, Shrawan Kumar Bhatter and his father, even after taken all efforts, not
able to get the support for more than 7 members including said Raj Kumar Dhawan and Chandra Sekhar Dhawan (father son duo),
who initially refused to join with the said group constituted under the leadership of Shrawan Kumar Bhatter and attended Special
General Meeting of the Cooperative Society. To comply the terms of one-third strength they criminally got obtain signature
from one Non-Member Dharam Chand Jain residing in the self same building in which I and Mr. Sharwan Kumar Bhatter resided
then 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, I was intended to cooperate
the enquiry, but 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, as such I sent Legal Notice
dated 20th November 1987 to the Cooperation Directorate, challenging thereby the said Order of Enquiry.
45. In the year 1987, I understood in clear terms that
Sanjay Kumar Jhunjhunwala, is misusing his black money powers and his white color status to blackmail me and actually he was
behind all the atrocities suffered personally by me including attempt to murder on me committed on 18th July, 1986,
as such I decided to expose his real and true picture before the respective authorities including Income Tax Department, Kolkata
Municipal Corporation and others, thus started making complaints against wrong doings of the Sanjay Kumar Jhunjhunwala including
his various transactions based on huge black money. But most surprisingly my each complaint appears as non-effective. When
I searched for the reasons behind such thing, I found that Land Mafia has close connections with Shri Jyoti Basu, through
one Mr. Shrawan Kumar Todi, a close friend of Shri Jyoti Basu.
46. That after receipt of Legal Notice 20th
November 1987, Directorate of Cooperation changed its strategy, and decided to hold ‘enquiry’ in the garb of alleged
‘Inspection’ 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 enquiry are 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 much earlier, as they refused to accept Allotment made in their favour.
47. That on 20th January 1988, I also purchased
properties comprised in aforesaid R. S. Plot No. 219 from the Legal heirs of Late Rabindra Lal Chakraborty through one of
my Private Limited Company. Suddenly thereafter many-fold blackmailing activities against me were cropped up or enlarged from
various corners. This was noticed from one advertisement in May 1988, in a Bengali News Paper published by Ava Rani Dey and
her daughter, being my Venders for the aforesaid properties, from which this become amply clear that they also joined hands
with the Land Mafia runs and controlled by the Sanjay Kumar Jhunjhunwala against me. Ld. Mr. P. K. Ray, Barrister-in-Law supplied
me the copy of the respective Newspaper contained said advertisement. Subsequently, I understood that Mr. P. K. Ray, Bar-at-law
also changed the side. From the advertisement, Ava Rani Dey and her daughter tried to send false message that they were still
owners of the entire properties comprised in aforesaid two Khatians. After going through said advertisement, I also Published
counter advertisement in the same Newspaper and in or about October 1988, I filed Two Suits for specific performance of Agreement
by executing Sale Deeds in respect of properties comprised in 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.
48. That just for sake of argument, if refusal to allow
the Group of Sharwan Kumar Bhatter to participate in the garb of Inspection in the arranged enquiry, if it was any cause of
action, than on the basis of the alleged cause of action said group of 7 persons should have been party in a single dispute
case, either plaintiff or defendants. But as the object behind formation of the aforesaid group, was just to blackmail me,
to create pressurise on me to make me ready for sale of the properties to the Sanjay Kumar Jhunjhunwala, as such under some
strategy or otherwise, on 30th May 1988, single person being Shrawan Kumar Bhatter, filed Dispute Case No. 43/RCS
of 1987-88 of the Cooperation 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 after 66 days from such appointment,
and in severe 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 appointment or authority file of the said Dispute Case was handed over to one Mr. N. Goswami, ARC,
to adjudicate the dispute. As such Mr. N. Goswami in the said Dispute Case, from day one of my appearance, proceeds with the
dispute case, in most absurd and illegal manner. Each and every fact relates to such illegality were put on record by me.
49. That subsequently this was come to my notice that
in the same year of 1988 Ava Rani Dey and her daughter also filed a Title Suit for declaration, against me. That was reason
why they published said advertisement in Baratman referring the entire R. S. Khatian No. 530 and 534 as their Property. They
with sole object to blackmail me, falsely and without any documentary support, referred the measurement of the properties
comprised in R. S. Khatian No. 530 and 534 as 94 Cottas after manipulating it against actual measurement of 66 Cottas. At
the same time, but with criminal intentions suppressed the material fact from the plaint that their predecessors-in-interest,
as per Judgment pronounced in 1977, in Suit filed against successors-in-interests of Rabindralal Chakraborty, lost all his
rights, title, claims in respect of the properties comprised in R. S. Plot No. 219 as aforesaid, which as per Records of Rights
was more or less 10 Cottas of land, which was also comprise in the aforesaid 66 Cottas. In the Plaint they admitted the sale
of 35 Cottas of land to me. Therefore, after deduction of said 35 Cottas of Land, and 10 cottas of land (lost in the said
Suit), if they could have any alleged claim, for any Suit which should not have been more than 21/22 cottahs of land, but
under manipulation Suit property was referred and made as 59 Cottahs of Land against total property of 55 Conttahs including
35 cottahs admittedly sold to me, just to get illegal Injunction Order, with clear object to blackmail me.
50. That 21st June 1988 Division Bench of
Kolkata High Court headed by Hon’ble Mr. Justice G. N. Ray of Kolkata High Court, refused to grant stay upon application
filed by Chittaranjan Ganguly, against Judgment of High Court dated 31st March 1988. However, under illegal instructions
from Shri Jyoti Basu, Kolkata Municipal Corporation was still active against me, as such on 13th July 1988, without
intimating me, the 23rd July 1988, was fixed for further hearing. On 22nd July 1988, Mr. D. K. Nath,
the then Municipal Engineer at SS Unit of Kolkata Municipal Corporation, in presence of one Mr. Mahendra Rungta and Shri Debi
Prasad Ruia, admitted that Kolkata Municipal Corporation will compel Milap Choraria (me) to sell the properties to Sanjay
Kumar Jhunjhunwala. Similarly on 23rd July 1988, Mr. Debbarata Bandopadhyay, the then 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
only. However, during the hearing when Mr. Debbarata Bandopadhyay, find nothing to revoke the Plans, adjourned the hearing
without fixing next date in the matter to restrain my 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 completion of hearing was fixed as 7th November 1988. Therefore, Kolkata Municipal Corporation
just on 2nd November 1988, (which should have been issued prior to starting of hearing) issued a Show Cause Notice
upon me for which they already initiated hearing on 23rd July, 1988. However, once again on 7th November
1988, 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 the then Councilor Shri Shanti Lal Jain
and through him conveyed me that if I wants to live in Kolkata, I should transfer the property to the Sanjay Kumar Jhunjhunwala.
In considerations of such developments, I sent letter dated 12th September 1988 to Shri Kamal Basu the then Mayor
of Kolkata Municipal Corporation against his illegal favour to Sanjay Kumar 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 Sanjay
Kumar Jhunjhunwala that he has support from the powerful politician. When this was become clear that Shanti Lal Jain was also
agent of the said Land Mafia, part of the discussion held with him on 2nd August 1988 was placed on record by Letter
dated 25th November 1988. In respect of the subsequent Order of Revocation of the Plans, another Writ Petition was moved on
9th January 1989, and the 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.
51. That since the first day of my appearance Mr. N.
Goswami, alleged Arbitrator in Dispute Case No. 43/RCS/12987-88 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.
52. That since 1977, the renowned lawyer Mr. B. C.
Dutt, Advocate appeared on my behalf, in several matters, as such on 13th November 1988, he was consulted by me
with regards to the matter of second order of revocation of sanctioned Plans by the Kolkata Municipal Corporation and consultation
fees was paid to him. But, subsequently Mr. C. K. Jain, Solicitors, on my behalf decided to appoint some other Senior Lawyers
to move the Writ Petition before Kolkata High Court as such Mr. B. C. Dutta was not appointed in the matter. 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 already consulted. There might be something extra-ordinary behind the scene as such Ld. Mr. B. C. Dutt Advocate appeared
in the matter, on behalf of the Kolkata Municipal Corporation. Considering such development, I sent him a Letter dated 28th
March 1989 by Registered Post, reminding him about such consultation and payment of Fees.
53. That on 6th May 1989 aforesaid 6 Person
from the Group of Shrawan Kumar Bhatter 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 Cases, Plaintiffs of the respective Dispute Cases also sought Injunction Order
against me on the false claims that I am avoiding service of the summons. How this was possible, on the day of filing of the
Dispute Case itself? But, when misuse of the powers and abuse of authority of the powerful person like Shri Jyoti Basu and
under his instruction Mrs. Mira Pandey, the then Registrar of WB Cooperative Societies, was involved, everything was possible.
54. That on 28th August 1989, in presence
of Shrawan Kumar Bhatter, Prabhu Dayal Sureka, and several others, alleged arbitrator of Dispute Case No. 43/RCS/1987-88 Mr.
N. Goswami, insulted me and threatened to thrown me out from Court Room. I put the fact on record immediately by Letter dated
28th August 1989 by registered post to Mr. N. Goswami.
55. That when I understood that Shrawan Kumar Bhatter
and his group is making false claims about payments 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 of a Slip including my signature, got forged by Shrawan Kumar Bhatter, from Cooperation Directorate, falsely claiming
to made me payments.
56. That after knew about my actions, from the officers
of the Income Tax Department, Sanjay Kumar 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 by Registered Post, with copy to various other 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.
57. That certified copy of Entire Order Sheet of Dispute
Case No. 43/RCS/87-88 was supplied to me on 6th January 1990 after 9 months about 19 days from the date of my application
dated 17th March 1989. 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 for initial. On 1st February 1990, the
selfsame Certified Copy was re-supplied after noting on the left part of it that “Corrected on verification of record”.
58. 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 or authority. In the meantime on 17th January 1990, in the Dispute
Case No. RCS/112-113/88-89 one Line Injunction Order was passed against me, ignoring the matter on merits.
59. That the Hon’ble Member of the West Bengal
Co-operative Tribunal, called the original records of the Dispute Case No.43/RCS/87-88 from the Joint Registrar of Co-operative
Societies, and issued notice on 5th February 1990, upon the Shrawan Kumar Bhatter, sending therewith copy of Memorandum
of Appeal. After receipt of the said Notice 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, hurriedly issued an Unofficial
Order No. 48 directing thereby to State of West Bengal to
appoint Administrator in the matter of Cooperative Society. At the same time, Mrs. Mira Pandey the then Registrar 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. Now I also received under RTI
Act, certified Copies of the aforesaid forged Order Sheet along with the other several Order Sheets, from the Cooperation
Directorate. Upon enquiry, this was become amply clear that the format of the 1st page of the Order Sheet were
mandated to be used by the Office of Registrar from the Order Sheets Printed from the Government Press, showing Print Order
reference. 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 member of the said Group of the Shrawan Kumar Bhatter, whose
Membership were ceased by operation of Law and who was one of the signatory in application for aforesaid enquiry of the working
of the Cooperative Society, while he was not a Government Employee, as such he was not entitled to fill-up the same. However,
said Mihir Ranjan Choudhury, ARCS, was also a party to said forgery, as by his own hand and pen he inserted at the just below
right corner of the Order Sheet that “Shri N. Goswami is appointed as Arbitrator in place of Shri Arjun Mondal”, which was crime by criminal means besides, alleged order was referred in severe
violations of Section 96(2) of the said Act, read with Rule 178 of the West Bengal Co-operative Societies Rules, 1987, being
the mandatory legal compliance, for replacement of one appointed Arbitrator. This anomaly was caused because under prevailing
Law and Rules there were no scopes to replace the appointed arbitrator Shri Arjun Mondal.
60. That after completion of forgery in the order sheet,
on 16th February 1990, respective dealing clerk of Certified Copies, in the Cooperation Directorate, requested
me to give back the Certified Copy of Entire Order Sheet, which was re-supplied on 1st February 1990 to me, on
the pretext that one order is to be inserted in the certified copy of order Sheet. After cross discussions it was become amply
clear to me that he was directed to convey such false message to me, otherwise an order was inserted in order sheet of Dispute
Case No. 43/RCS/87-88 under verbal order made by Mrs. Mira Pandey, the then Registrar of West Bengal Cooperative Societies,
which she made by misusing her powers and abusing her authority to support one point program to make me ready to sell the
property to Land Mafia Sanjay Kumar Jhunjhunwala. In consideration of such fact, I sent protest Letter dated 18th
February 1990 by Registered Post to Mrs. Mira Pandey, placing on record that between 2nd February 1990 and 16th
February 1990 alleged order was inserted to interpolate the name of Mr. N. Goswami, in the order sheet.
61. That on 17th February 1990, under illegal
impact of aforesaid unofficial Order No. 48 dated 9th February 1990 being issued by Mrs. Mira Pandey, the then
Registrar of Cooperative Societies, without applying her administrative mind, but misusing her powers and abusing her authority
as aforesaid and in severe violations of provisions of West Bengal Cooperative Act, Government of West Bengal issued an illegal,
whimsical, without any grounds, issued 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 just language of provisions of the West Bengal Cooperative
Law, and 9th being the last ground was recommendations of the alleged Arbitrator Mr. N. Goswami, who was adjudicated
the entire matter without any appointment or authority to do so.
62. That after refusal by me to give back the Certified
Copy of entire Order Sheet of Dispute Case No.43/RCS/87-88, re-supplied on 1st February 1990 to me, the particular
Officer, who earlier signed Certified Copies as authorised signatory, issued Memo Letter No. 1602 dated 19th February
1990, with false claim, caused under after thought that one order was omitted inadvertently at the time of supply of the Certified
copy.
63. 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 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 to Mr. A. M. Mazumdar, the then Joint Registrar of Cooperative Societies (Housing)
CMAH, to arrange a Joint Meeting in his chamber and instructed on the corner of the one of my representation dated 27th
March 1990 asking Mr. Mazumdar to “look into the matter”. However, a joint meeting was fixed on 25th
April 1990, and started at the Chamber of the Minister at Writers
Building, where Mr. Mazumdar and I myself were present. After commencing
the meeting, Minister instructed me to submit my case. At this stage Mr. Mazumdar wanted to say something secretly, as such
I moved for time being out of the Minister’s Chamber. Within about 20-30 seconds or so, 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, Minister failed to recognise me as well as Shri Dilip Kumar Chakraborty,
Ex-MP and refused that he had called me for any Joint Meeting. With such surprising and absurd experiences, I returned back.
64. That Suit filed by the Ava Rani Dey and her daughter
was based on manipulation of the area of the Suit Land. But, Injunction Order against me was passed by Mr. J. C. Moulick, Learned the
then Munsif, 5th Court at Alipore, as such
I filed Appeal. After hearing about such manipulations, 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, he upheld
the injunction order passed by Mr. J. C. Moulick, the then Munsif of 5th
Court, Alipore. As such I filed Revision Application before the Hon’ble Kolkata High Court.
At the 1st instance of hearing Hon’ble High Court agreed to set-aside the aforesaid Orders of the Ld. Munsif
and Addl. District Judge. At this stage my Senior Lawyer Learned Mr. Shakti Nath Mukherjee, Bar-at-law argued that in considerations
of the manipulations contained in the plaint, he will plead satisfactory argument before the Hon’ble Court to pass a Rule to reject/return of the Plaint itself. Hon’ble Court agreeing with it fixed the matter for final
hearing. Under development of such adverse situation against their blackmailing objects, Advocate of the said Land Mafia started
to influence my Advocate-on-record Mr. Gouri Shankar Gupta, Advocate. Initially Mr. Gouri Shankar Gupta, Advocate suggested
me for some compromise with the Sanjay Kumar Jhunjhunwala. When, I refused, Mr. Gupta, immediately thereafter, entered in
some underhand criminal agreement with the 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, Advocate even ignoring strong objections from 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 allowed to
record 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.
65. That in considerations of the forgery of the order
sheet of Dispute case No. 43/RCS/87-88 as aforesaid, on 20th April 1990, I filed Application under Section 340
Criminal Procedure Code before West Bengal Co-operative Tribunal, against Shrawan Kumar Bhatter and other Accused / Respondents
including said Mrs. Mira Pandey (Senior) I.A.S., the then Registrar of Cooperative Societies, Mr. N. Goswami, C.D.O., (who
criminally proceeded and adjudicated the Dispute Case No. 43/RCS/87-88 without any appointment and authority), 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 Kolkata. The said application was registered as Misc. Case No. 3 of 1990.
66. That on 13th July 1990, in consideration
of aforesaid absurd experiences, I wrote a Letter to West Bengal Minister Shri Bhakti Bhusan Mondal that on the bias of my
meeting with him on 25th April 1990 and experiences gained therein, this appears to me 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 can be presumed that when this fact was placed in the notice of Shri
Jyoti Basu, Minister withdrawn his Memo Letter and Minister even admitted before the Pressmen that he might have sent said
Memo Letter under mistake. His statement was published on 21st September 1990 in the Newspaper.
67. That in consideration of atrocities caused by use
of huge black money and based on blackmailing activities suffered by me, caused by the Sanjay Kumar Jhunjhunwala and his associates,
I started to refer the Sanjay Kumar Jhunjhunwala as Mafia Leader, in my each and every representation, as this was his real
and true face. To escape from situation caused by exposure of his real and true face 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 filed a Defamation Suit before Kolkata High Court against me. In the said Defamation Suit,
ex-party hearing of the Injunction Application filed by Sanjay Kumar Jhunjhunwala order was passed by Prabir Kumar Mazumdar,
J. as then was, in such a language which even restrained me from my fundamental rights to lodge a Complaint before a 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 Sanjay
Kumar Jhunjhunwala. Subsequently, I was Reported by one of the 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 neither was proper nor was consistent with his professional conduct under the Advocates Act, 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 reflects from the Letter from Mr. Debal Banerjee, Bar-at-Law (Son of Ld. Mr. Milon Bonerjee,
presently Attorney-General of India), which he sent after knew from Ld. Mr. P. K. Ray, Bar-at-Law, about attempt to murder
on me.
68. That in considerations of such constant and regular
sufferings of atrocities having with severe intensity and magnitude, I prepared a Voluminous Memorandum dated 5th
September 1990, printed and published its 2000 copies under heading “A MATTER OF THE KOLKATA MAFIA and challenges to
ADMINISTRATION OF JUSTICE” and sent it to all the then Members of Parliament, all the then Members of West Bengal Legislative
Assembly, all the then Councilors of Kolkata Municipal Corporation, Members of the 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, and also on behalf of the office of the then Chief Minister Shri Jyoti Basu,
the then Chief Minister of West Bengal.
69. 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,
as certified copies of the impugned orders/Notification were due. Certified copy of the Notification was received on 17th
August 1990 and filed on 29th August 1990. Thereafter, on 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 Registrar of Cooperative Societies Mrs. Mira Pandey under her criminal misconduct to support blackmailing
activities of the Land Mafia. In fact 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 reached at a crucial stage, Mr. A. K. Bhattacharya, the then
learned Member of West Bengal Cooperative Tribunal, who was just at the verge of retirement, was granted allotment of the
properties at Salt Lake from the Chief minister’s quota. One staff member of the Tribunal informed about such allotment
to me. Under the impact of sudden Allotment letter from the Chief Minister’s Quota, on 6th September 1990,
under his changed behavior Mr. A. K. Bhattacharyya, made some unexpected comments. Considering severe impact of such comments,
I sent letter dated 6th September 1990, by Registered Post to Mr. A. K. Bhattacharyya, to clarify my position.
In fact after aforesaid Allotment, Mr. A. K. Bhattacharyya, the then learned Member of West Bengal Cooperative Tribunal, decided
to abuse his Judicial Powers in judicial process against me, and passed several orders in serious abuse of the Judicial Process.
For instance Un-registered Appeal No. 16 of 1990 was registered as Appeal No. 32 of 1990, was dismissed on 16.4.1991, which
he decided on and from 6th September, 1990, the day of his aforesaid unwarranted remarks against me.
70. That on 8th November 1990 one Mr. Milon
Chandra Bhattacharjee, Advocate, the then Government Pleader, appeared on behalf of Mrs. Mira Pande the then Registrar of
WB Cooperative Societies and 3 other accused by filing Vakalatanama and in presence of me, and others including Mr. Sudhir
Kumar Dey, one Mr. Talwar, both from Cooperative Directorate, Lawyer of Shrawan Kumar Bhatter Mr. N. Khaitan, Advocate Shrawan
Kumar Bhatter himself, started to influence my lawyer Mr. Diwakar Pandey, Advocate. Such criminal misconduct of Mr. Milon
Chandra Bhattacharjee, Advocate was referred by me in Letter of the same date of 8th November 1990 sent by Registered
post to him.
71. That it was already transpired that after aforesaid
Allotment Mr. A. K. Bhattacharyya, the then learned Member of West Bengal Cooperative Tribunal, 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 supplied by Directorate not before 23.11.1990” The impugned Order was dated 17.1.1990 and certified
copy was filed on 29.1.1990. 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 Lawyer Mr. Diwakar Pandey, Advocate, were present in the West Bengal Tribunal. Mr. A. K.
Bhattacharyya, immediately after entering in the Tribunal Room, but before sitting on the Chair informed to my Advocate that
his 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 Complainant/appellant.
No steps taken till 12.05 p.m. The learned Advocate on record is also absent on repeated calls. It shows that complainant
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 raised strong objection against
such false recording, than 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 typed and given to the Advocate of the Respondent/
Accused No.1 in the said (Shrawan Kumar Bhatter herein) 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, the then Tribunal Member 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 of time 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. Immediately after
coming down from the Building, wherein the Tribunal Court Room was exists, I Posted the said Petition addressed by name to
Mr. A. K. Bhattacharyya, the then Tribunal Member by Registered Post, from the Post Office, also exists in the self-same building
of the Tribunal, mentioning at the left upper corner of the Petition about the aforesaid false recording in the order Sheet
and allowing my lawyer to sign and put the time, which was proof of the false recording of the order sheet. Thereafter, by
misusing his judicial office, on 16th April 1991 Mr. A. K. Bhattacharyya, dismissed the said Appeal No. 32 too
and Misc. Case No.1 of 1991 on this or that pretext.
72. That the aforesaid Memorandum dated 5th
September 1990 under heading “A MATTER OF THE KOLKATA MAFIA and challenges to ADMINISTRATION OF JUSTICE” was in
English. But, with utter surprise, I received reply in Bengali (Though till then Bengali was not declared Official Language
of 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 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.
73. That after going through Memorandum dated 5th
September 1990, one the then Congress M.L.A. of West Bengal Legislative Assembly Dr. Manash Bhuinya, discussed with me in
detail and agreed to raise the whole issue in West Bengal Assembly on 22nd February 1991, and ask me to present
at his the then residence, situated at MLA’s Hostel, at Kyed Street, Kolkata. But, most surprisingly, when on 22nd
February 1991, I reached at the residence of Dr. Manash Bhuinya, M. L. A., at MLA’s Hostel, at Kyed Street, Kolkata, Dr. Bhuinya under his completely changed behavior and attitude,
informed me that his plan for statement in Assembly, is changed. Therefore, I come back to my residence. But, within few minutes
from my returning to home, at about 11.00 AM on the same day i.e. 22nd February 1991, under a hatched plot, a Truck
Accident under connivance with Police was staged, to kill my son, in which both the legs of my son were severally damaged.
He 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 truck accident was staged just with sole object and intention to kill my son. After my personal enquiry this was reported
by shop keepers 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, under connivance
with Police, as such in the First Information Report No. Sec. VZ. C/No. 30 dated
22nd February 1991 of the New Alipore Police Station (under Kolkata Police), 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.
Therefore, false recording of direction of the truck was a part of the Plot hatched under connivance between the Sanjay Kumar
Jhunjhunwala and others and respective Police Officials of the Traffic Squad of Kolkata Police and New Alipore Police Station.
74. That Ld. Munsif Mr. J.C. Moulick on 26th
March 1991 once again passed injunction Order against me by overruling 16 different Rulings given by the different High Courts
and referred by me in writing. That in the documents referred by Smt. Ava Rani Dey and Dipika Rani Bhattacharrjee, Plaintiffs
of the aforesaid Suit filed against me shows total measurement with regards to R. S. Khatian No. 530 and 534 just as 66 Cottas
including the properties over which their predecessor lost a Suit. But, they referred under Schedule “A” of the
Plaint, falsely as 94 Cottahs. In the Plaint they admitted that they have sold 35 Cottahs of Land to me, which was referred
as Schedule “B”. Plaintiffs suppressed the material facts that over 10 Cottahs of land over which they have lost
their rights, titles and interests. Therefore, under Schedule “C” of the Suit they referred 59 Cottas of Land
as Suit Property against total property belongs to them 54 Cottahs including 35 Cottahs they admitted to sold to me, which
they embarked under blackmailing strategy hatched by aforesaid land mafia Sanjay Kumar Jhunjhunwala and Chunilal Mukherjee.
However, under their embracement, Mr. J. C. Moulick, the then Presiding Officer of the Learned Court of 5th Munsif
too passed injunction order against me giving flimsy grounds that “court cannot embark upon at this stage” for
not relying upon the documents even filed by the Plaintiff. In considerations of such criminal acts and deeds, I filed Complaints
before Bar Council of West Bengal against Mr. Tapash Kumar Sarkar, Advocate, the Counsel of Ava Rani Dey and her daughter
and also lodged a Prosecution Permission Petitions against Learned Mr. J.C. Moulick, the then Presiding Officer of the Learned
Court of Munsif and Learned Mr. A.K.Choudhury, the then Presiding Officer of the Additional District Judge, Alipore, which
never replied.
75. That in fact Mr. J. C. Moulick, the then Munsif,
Alipore, 5th Court, when passed the Injunction order against me, ignored the order of the Hon’ble High Court
in the aforesaid Revision Petition being Civil Order No. 845 of 1990 interalia observed that “Mr. Mukherjee (name of
Mr. Mukherjee was wrongly but with permission from Ld. Mr. Gouri Shankar Gupta, Advocate was recorded by the Hon’ble
High Court) appearing for the Petitioner submits that the properties alleged to have been sold away by the opposite parties
to the Petitioner have found place in the ‘C’ Schedule to the plaint which, according to the opposite parties
also have been sold to the Petitioner. 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 further that “The impugned order is
set aside. But, the parties will maintain status quo in respect of the 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”. As stated hereinbefore that Two Surveys were conducted in the year of 1932 and 1956 respectively.
In 1932 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 which were converted in the year of 1956 as R. S. Plot No. 194, 195, 205, 206, 207 and 219 under R. S. Khatian Nos.
530 and 534. In the aforesaid plaint under Schedule “A”, and “C” all the aforesaid Six C.S. plots
(which were old reference numbers) were mixed with the all Six R. S. Plots (which are new reference numbers corresponding
to aforesaid old reference numbers) and were referred as 12 individual plots without describing them as C. S. Plots or R.
S. Plots. Area under Schedule “A” was referred as 94 cottahs against total 66 cottahs of land comprised in aforesaid
two Khatians. Under the schedule “B” they admitted sale of land measuring 33 cottahs which were described out
of R. S. Plot No. 194, 205 only. Properties sold in R. S. Plot No.207 were not referred. Properties comprised in R.S. Plot
No.219 over which the plaintiff of the suit (already lost their claim in the aforesaid earlier Suit against successors-in-interests
of Rabindra Lal Chakraborty) but hiding the aforesaid facts not referred the same under schedule “B”. In the schedule
“C” the measurement of the landed properties even after alleged amendment plaintiff maintained ass 59 cottahs
of land. Therefore, aforesaid Order of Injunction passed by Mr. J. C. Moulick, was in serious violation of the various Rulings
referred by me, cerytainly under embracement from the members of the aforesaid land mafia.
76. 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 a
party in forgery of the aforesaid Order Sheet. 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 Letter dated 10th April 1991, I placed the same on record. That with
respect to the judicial proceedings adopted 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.
77. That the proceeding of the aforesaid Suit filed
by Ava Rani Dey and her daughter was result of their joining of the hands with the land mafia Sanjay Kumar Jhunjhunwala and
his associates including Chuni Lal Mukherjee to support their blackmailing activities. This fact was also confirmed from letter
dated 11th June 1991, received by me, through Registered Post from the Grand Daughter of aforesaid Ava Rani Dey
and daughter of Dipika Rani Bhattacharjee viz. Mrs. Ratna Bhattacharjee. From the said letter of Mrs. Ratna Bhattacharjee,
this was also apparent that Mr. Jhunjhunwala and Chuni Lal Mukherjee were in regular touch with the said Ava Rani Dey and
her daughter, and was behind the filing of Suit against me based on manipulations of the measurement of the properties comprised
in R.S. Khatian No. 530 and 534 as aforesaid.
78. That when Shri Kishan Lal Bagaria, Solicitors,
of Sanjay Kumar Jhunjhunwala moved Contempt Proceeding before Shyamal Sen J. for issuance of the Rule nisi against me, 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 submit a 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 said person falsely claimed
to my wife, that he has came 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 on the next day I can collect
the Notice from him. Accordingly, said person note down his alleged name as “Jagneswar Sinha”, and false
address as “9th Floor, Bamboo Villa, 168, A. J. Chandra Bose
Road, Kolkata-14” which was the actual
address of Income Tax Department. When the 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 the then Landlord Shri Abdul Mannan
Khan, who is also a 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 Abdul Mannan Khan, which was situated at Ground Floor, of the respective building, the
said person fled from the scene. When in the evening I come back to my residence, I note down such incident at the bottom
part of the said Paper, upon which Mr. Jagneswar Sinha note down his alleged address. However doubt about some of dubious
act of the said person caused in my mind, when I tried my best level to find out him at the given address of the Income Tax
Department, but failed to trace him out. Subsequently when I wanted to know through my Advocate on Record that how Rule nisi
in the Contempt Proceedings was issued without serving the Copy of the Petition, Shri Kishan Lal Bagaria, Solicitors, since
he was aware about his crime, refused to disclose related information, which causes strong doubts in my mind. However, this
was become clear that date and time given in the false Affidavit of Service was the same when said person come to my residence,
with false claim that he came from Income Tax Department. Said false Affidavit of Service was filed to obtain Rule nisi in
the Contempt Proceedings. On 15th April 1992, as such with reference to aforesaid false affidavit of service and
other grounds I filed application Under Section 340 of Criminal Procedure Code against Sanjay Kumar Jhunjhunwala in the Contempt
Proceeding, which was recorded as Misc. Case No. 1 of 1992 of Kolkata High Court.
79. That 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 me,
but withheld it till when it was posted on 18th September 1991. But, before posting it they already obtained Rule
nisi by filing false Affidavit of service, containing completely false statement that I refused to receive the copy of the
Petition.
80. That in considerations of the said Defamation Suit,
when I appointed learned Mr. Gouri Shankar Gupta, Advocate to conduct my said defamation case, Sanjay Kumar Jhunjhunwala and
his Lawyer Shri Kishan Lal Bagaria, Solicitors, started to influence to said Gouri Shankar Gupta, Advocate, to sabotage the
Judicial Proceeding against me. In considerations of regular sabotage of the judicial proceedings, arranged by Sanjay Kumar
Jhunjhunwala, I find that there was 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 passed the Order in the said defamation
Suit, in contravention of my fundamental rights. Said application for according
sanction, was filed just to break the sabotage caused by the said Land Mafia, in the Administration of Justice, as such when
I reported by the Court Peshkar of the Hon’ble High Court that Shyamal Kumar Sen, J. as he then was, taken affidavits
of the both side parties in the Matter No.3028 of 1991, at his residence, I withdrawn my Application for according sanction,
tendering unconditional apology, by letter dated 25th June 1992. Now under RTI Act, it came to my notice from Income
Tax Department that when land mafia knew about my various applications under RTI Ac, before Income Tax Department, he withdrew
his said defamation Suit after 17 years from its filing, without informing me the same.
81. That I also 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, nor were served upon me, nor, any date was fixed to hear the aforesaid
matters. But, in gross abuse of the judicial process, and against the core and important principle of the Jurisprudence that
“Justice must be above all”, but 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 core aforesaid
principle, just by passing Resolutions, to save the skin of the brethren Advocates.
82. That Sanjay Kumar Jhunjhunwala directly himself or through some one else made false representations before my Lawyers 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 respective Letters by
Registered Post to clarify my position. In the year of 1992 Sanjay Kumar Jhunjhunwala purchased one property from Client(s)
of 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 Sanjay Kumar Jhunjhunwala Mr. Choudhury,
suggested me, through one Mina Lal Bhansali, either to settle with Sanjay Kumar Jhunjhunwala, otherwise he will spoil my life.
In response to same, I sent Letter Dated 21st November 1992, by Registered Post to Shri M. R. Choudhury, Advocate,
which he replied by his letter dated 3rd December 1992.
83. That in consideration of unholy alliances between
the Land Mafia Sanjay Kumar 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 which were transferred
between 25th March 1983 and 31st May 1983 by my nominees in favour of my aforesaid Cooperative Society,
were under fiduciary relationship between me and defendants and was transferred without receipt of any consideration money
and was just for name lenders. In the Suit all the 23 Promoter Members of the Cooperative Society were made defendants and
I was the Plaintiff. Such transaction was legally valid even under Benami (Prohibition) Transaction Act, 1988. Out of 23 individual
defendants, 12 defendants admitted my claims. Out of rest 11 defendants ten not appears in the Suit. Out of aforesaid 11 defendants,
who did not appeared in the Suit 7 defendants were from the Group of Sharwan Kumar Bhatter. From th aforesaid group of 7 defendant’s
only one defendant viz. Shrawan Kumar Bhatter, being the main agent of the Sanjay Kumar Jhunjhunwala appeared and opposed
the Suit. I filed a petition that the execution of the Sale
deeds were executed under fiduciary relationship between the Plaintiff and individual defendants and even under the Benami
Transaction (Prohibition) Act, 1988, are legally valid and this issue should be decided first, in terms of law. But, under
the embracement from the Land Mafia, Ld. Presiding Officer of the Ld. Court of Munsif Court on 23/29th May 1992
dismissed the Suit.
84. 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 Land Mafia Sanjay Kumar Jhunjhunwala or for some other reasons. One Jai Chand Lal Sethia was then 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 of my properties. When I
opposed his proposal, Jai Chand Lal Sethia threatened me with dire consequences. I placed his threat 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 sent 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 all by Registered Post. In response to said letter, I received reply dated 24th December 1992, from Shri
Jyoti Basu, under signature of his Confidential Assistant Shri Jay Krishna Ghosh. After few days there from, serious incident
of Bomb Blast was happened at Bahu Bazar. Reportedly on enquiries from Central Agencies this was came to the notice of Shri
Jyoti Basu that said Jai Chand Lal Sethia was the partner of the Rashid Miyan the main agent in Kolkata for Dawood Ibrahim,
and main accused for the said blast. This way it might be appears to have looks like a chain link between Dawood Ibrahim and
Chandan Basu, as such to save his skin, Jai Chand Lal Sethia along with several persons, were arrested for alleged involvement
in gambling.
85. That even Shri George Fernandes, M.P. written to
Shri S. B. Chavan, the then Home Minister of India
by his Letter dated 6th April 1992 requested him to look into my matter of the harassment caused by Sanjay Kumar
Jhunjhunwala. The then Home Minister of India Shri S. B. Chavan, replied the same by Letter dated 17th April 1992,
but without any result.
86. That Government of India, through its order No.S/7937/SS(ISP)/93 dated 9th July 93 established
a Committee, namely known and called as “Vohra Committee” comprised then Union Home Secretary Shri N.N. Vohra,
as Chairman of the Committee. The other members of the Committee were the then Revenue Secretary, Director Intelligence Bureau,
Director, Central Bureau of Investigation, Secretary, Research and Analysis Wing (RAW), and Joint Secretary of Home Ministry
“to take stock of all available
information about the activities of Crime Syndicates / Mafia organisations which had developed links with and were being protected
by Government functionaries and political personalities”. Vohra Committee in its Report admitted that under
politics-crime-nexus, safeguarding of the fundamental, statutory and legal rights of the citizen are at a serious stake. Similar
to Vohra Committee Report, I have suffered atrocities of severe magnitude, with intensity as the Sanjay Kumar Jhunjhunwala
has acquired considerable political clouts, thus seriously jeopardising the smooth functioning of the administration and the
safety of my life, liberties and property, and acquired substantial financial and muscle power and social respectability and
have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of investigating
and prosecuting agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the
Land Mafia controlled by the Sanjay Kumar Jhunjhunwala and his associates. Virtually they are running a parallel Government,
pushing the State apparatus into irrelevance, in respect of the matters pertained to me. Under political Nexus, safety and
security of the lives of my family members, myself and my property, put under complete stake.
87. That at the request of Mr. S. K. Todi, once, I
acted without any personal interest, for the political gain of Shri Jyoti Basu and his party. Since, this was understood that
I was victim of misuse of the powers and abuse of the authority by Shri Jyoti Basu, I reminded such past favour by me by Letter
dated 6th January 1993 sent by Registered post to Shri Jyoti Basu with copies to others including Sri S. K. Todi,
but make no difference.
88. That considering involvement of Dr. Manash Bhuinya,
M. L. A., in connivance for the Attempt to murder of my son, I sent him a Letter dated 5th April 1993, sent by
Registered Post, 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”, which was never replied.
89. That this is needless to refer that under the close
Nexus with Shri Jyoti Basu, and other powerful politicians from West Bengal, the Sanjay Kumar Jhunjhunwala strongly 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 Shri Halim
would approve, 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 Land Mafia, 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 claiming that Mr. Kedarnath Fatehpuria, the relation of Sanjay Kumar Jhunjhunwala is
a very powerful person. However, I refused aforesaid offer and meeting with Shri Hashim Abdul Halim was closed. I referred
the aforesaid discussions in a protest letter dated 24th July 1993 by Registered Post to Shri Hashim Abdul Halim,
the Speaker of West Bengal Legislative Assembly, requesting him to place my letter before the Assembly. But, no reaction was
received by me, except enhancement of further threats to me.
90. That I received Letter dated 23/30-04-1993 from
Dy. Assessor-Collector, South Suburban Unit Kolkata Municipal Corporation. In response to my Letter dated 3rd June
1993. I met with Shri Dilip Ghosal, Dy. Assessor-Collector, South Suburban Unit Kolkata Municipal Corporation, at his office,
where he says and claimed that Municipal Holding No. 161, Binoba Bhave Road,
was created in favour of Chittaranjan Ganguly, under the order of Shri Jyoti Basu. I placed on record aforesaid information
for confirmation by Mr. Dilip Ghosal by Letter dated 3rd June 1993, with copy to Shri Jyoti Basu, the then Chief
Minister, both by Registered Post. 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 then Head Quarter of Shri Jyoti Basu, the then Chief Minister,
and 10 K. M. from the Office of Mr. Dilip Ghosal). From the language of the aforesaid letter several questions cropped up,
as such I sent Letter dated 1st July 1993 by Registered Post to Mr. Dilip Ghosal requesting him to clear doubt
about his conduct, cropped up from the said letter, which was never replied, from which prima-facie proving that said Letter
was prepared by some senior Officer from the office of Chief Minister and typed in Writers Building, just to cover-up the
admission made by Mr. Dilip Ghosal on 3rd June 1993, as aforesaid.
91. That in considerations of all such grave situation
prevailed against me, with the help and support from Shri Jyoti Basu, I wrote Letter dated 5th April 1993 to one
Duli Chand Surana, and another Letter dated 20th April 1993 to said Duli Chand Surana with copy to Shri Jyoti Basu
in which I directly charged Shri Jyoti Basu for misuse of the powers and abuse of the authority for the gain and benefit of
and pecuniary advantage of Mafia Leader Sanjay Kumar Jhunjhunwala and thereafter 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.
92. That after knew about the said application dated
8th July 1993 plan was hatched to convey fresh threat with high magnitude to me. As such one message dated 9th
August 1993 was sent from the Officer-in-charge, Murder Section Kolkata Police, in which my son was wrongly referred as dead,
giving clear message that my son may be converted as dead. As such I sent protest Letter dated 11th August 1993
to the Secretary, Home (Police) Department, which was never replied. At the same time Sanjay Kumar Jhunjhunwala put under
trouble in Contempt proceeding initiated by him. Thereafter Manik Chand Sethia the men and agents of Sanjay Kumar Jhunjhunwala
and one local anti-social Chandan Bose alias Baman Bose from James Long Sarani of Behala area, with the help of the dreaded
criminals and anti-socials including one Umed Kumar Choraria demolished Boundary walls of my property under Police protection.
93. That in response to 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 with confirmation as asked for. But, thereafter, till today said application dated 8th July 1993
is not disposed off, nor I received any communication in spite of large number representations.
94. That to make bias the Shyamal Kumar Sen J., as
then he was, of the Kolkata High Court against me, Sanjay Kumar Jhunjhunwala knowing fully made false allegation against me
that I am a habitual criminal and convicted in a Criminal Case, referring the matter in which actually Mr. Jayanta Kumar Das
Gupta the then presiding Officer of the Learned Court 5th Munsif, Alipore, lost his Judicial services. As such,
I filed Application under Section 340 Criminal Procedure Code, interalia citing the evidences of such false statement as well
as aforesaid false Affidavit of Service, prepared on 13th September 1991. 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, Sanjay Kumar Jhunjhunwala and his Solicitors find themselves 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 to create such a situation which compelled me to flea from Kolkata,
if I wants to survive at all. Since, the Sanjay Kumar 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 to be listed as Last matter of the List for several days and finally gone out of the List. At the
same time, Office Building
and Boundary wall of my properties was broken by miscreants committed such crimes under police protection by the men of the
Sanjay Kumar Jhunjhunwala and stolen goods and Books valued of Rs. few Lakhs. From such developments, this was become amply
clear to me that the Sanjay Kumar Jhunjhunwala adopted all ways and means simultaneously with a concrete plan to grab my properties
after putting me in Jail by implicating in false Contempt proceedings, with the help of the respective Advocates. At the same
time about fifty anti-social with the Police support were posted at outside my properties, with intention to kill me, if I
could go to site. As a result, I was left not any other choice, but to flee from Kolkata along with his family Members to
survive. As I already referred that now, I have received Information under Right to Information Act, 2005, from the Income
Tax Department that said Suit was withdrawn on 16th March, 2006. My presumptions is that when he understood that
I am collecting details from Income Tax Department that what action have been taken by Income Tax Department on my complaints,
he withdrawn the said Suit. In this respect I served appropriate Notice against Income Tax Personnel who appears to be responsible
for leakage of such information.
95. That some time in June 1994, this was reported
to me that in the year of 1990 Mr. Kedarnath 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 sent Letter dated 24th
June 1994 to Mr. Kedarnath Fatehpuria, by Registered Post to disclose what he found against me, which was never replied.
96. That in considerations of aforesaid suffering being
the rarest amongst rares case of 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 Senior Lawyer of the Supreme Court and Ex-Solicitor
General of India learned. Mr. A. D. Giri Senior 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 Shri 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 Shri Gopal Subramanium and thereafter Shri 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, which was sent on 16th December 1993 to the Governor of West Bengal, by me as per advise of the Shri Gopal
Subramanium, which I forwarded by Letter dated 06th December 1993 through Registered Post. But, as per advise from
Shri Gopal Subramanium, after elapse of about three months from the said letter to the Governor, I tried to meet with Shri
Gopal Subramanium, but under most surprisingly every time he declined to meet me for the reasons best known to him, though
every time then I came to meet him from Kolkata. But, after several attempts, one day Shri Gopal Subramanium appeared on telephone
and said that he had ask Shri S. Murlidhar, Advocate to prepare a Draft of the Writ Petition to that effect. But, when I met
with Shri S. Murlidhar, Advocate at his Mayur Vihar Chamber, he says that though he convinced that on the merit, my matter
is very strong, but now-a-days Supreme Court declined to accept any Writ Petition under Article 32 of the Constitution. Such
development shows that Shri Gopal Subramanium instead of direct refusal, arranged refusal through the Shri S. Murlidhar, Advocate
not to file such Writ Petition, thus become a party himself in my such infringement.
97. That one Senior Correspondence of the English Daily
from Kolkata namely Amrita Bazaar Patrika shown courage to publish News with heading “BASU ACCUSED OF MISAPPROPRIATION”,
with reference to such measurable situation of severe magnitude which compelled me along with my family to flea from Kolkata,
in its 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 published.
98. That I have 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 in or around 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 Sanjay Kumar Jhunjhunwala and his associates including Manik Chand Sethia,
I was dispossessed from the said flat with the help of the anti-socials, who acted as agent of Sanjay Kumar Jhunjhunwala.
In this respect First Information Report 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 Lives
and liberties. After receipt of my said Petition, Union Home Ministry directed to State of West Bengal, but no security was provided to me and my property.
99. That some time in April 1995 Ms. Mamta Banerjee
M. P. handed over my matter to Special Correspondent of the Bengali Daily Newspaper Baratman, Mr. Jayanto Ghosal to study
and publish it Baratman. Said Reporter spent with me his valuable time in 4 sitings to study the whole matter and after preparation
of News sends his Newspaper at Kolkata to publish the same as lead story of the newspaper. But when I was expecting the News
relates to my matter, interviews of Mr. Vijoy Fatehpuria younger brother of Kedarnath 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
any further. However, the said Special Correspondent 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.
100. That on 6th April 1995 one Shri Rasha Singh Rawat,
M.P. send one representation of me to Shri P. V. Narsimha Rao, the then Prime Minister of India for appropriate action. But,
no action was appeared.
101. That in the meantime Dr. Biplab Das Gupta, M. P., make a statement
that “no specific charges are leveled against Shri Jyoti Basu.” In response to said statement I sent Letter Dated
19th April 1995 to Shri Harkishan Singh Surjeet, General Secretary, CPI(M), with copies to various authorities,
describing thereby that how Shri Jyoti Basu has “misused his powers and abused his authority for pecuniary advantage
of one particular group of unscrupulous businessman if they are not his Benami Partners”.
102. The Statesman, important English daily from Kolkata published
a large story in its two issues 2nd November 1995 and 3rd November 1995 under separate headings “CMC
gifts 50 cottas to promoter” and “Promoter pays politicians, Govt. staff to get project going”. This shows
that how Sanjay Kumar Jhunjhunwala is dare to violate the Law in his favour.
103. That in the Newspapers this was appears that CPI(M) is going
to observe on 25th October 1996 as “Anti-Corruption Day”. In consideration of the such news, I sent
protest letter dated 17th October 1996 addressed to Shri Har Kishan Singh Surjeet, CPI(M) General Secretary, with
copies to Shri Jyoti Basu himself, Shri Buddha Dev Bhattacharyya, Shri Biman Bose and Shri Sita Ram Yatchury, in their capacity
as Polite Bureau members, all by Regd. Post with reference “to criminal misconduct of Shri Jyoti Basu, and Nexus between
Shri Jyoti Basu and Land Mafia..”
104. That I wrote several letters to the Central Vigilance Commission,
in respect of Criminal misconduct adopted by the Income Tax Department and the Railway Authority for the gain and benefit
of Sanjay Kumar Jhunjhunwala and his associates. In response of one such letter
dated 21st October 1996 the then Secretary of the Commission Mr. Bhure Lal through his Private Secretary called
me through Memo letter Secy/Com/96 dated 6th November 1996. I met with Shri Bhure Lal and placed more than 50 documents
to him, which he referred in his Letter dated 16th December 1996 sent by Registered post. That after going through
the documents and after satisfying with arguments forwarded by me, Mr. Bhure Lal called one of his sub-ordinate Mr. Vishvapavan
Pati, and dictated order in presence of me, for appropriate actions. But thereafter in the matter Commission became mum, for
the reasons best known to it.
105. That on 20th February 1997 one advertisement was
published in Hindi Dainik Jansata, Kolkata issue, by one Mr. Samar Nag Managing Director of M/S. Shelter Properties Developers
P.Ltd. of BA-2, Sector-I, Salt Lake City, Kolkata in such a way as if it was published by an Advocate by stating as “My
clients” but name of Advocate was missing from the entire advertisement. The Name of alleged seller of the property
was referred as Chittaranjan Ganguly. The detail of properties referred in the advertisement, were belonged to me. At the
last part of the advertisement, one Telephone number was referred for contact, which was contact number of Mr. Manik Chand
Sethia. It was reported that said Company was Benami and belongs to Mr. Chandan Basu, son of Shri Jyoti Basu. Which presumably
appears from the fact that the said Company, then having its authorised capital, just Rs. 50 Lacs, gets a Loans of Rs. 50
Lacs from Life Insurance Corporation and Rs.300 Lacs (Rs.3 Crores) from Peerless Abasan Finance Ltd., in severe violations
of Reserve Bank’s Guidelines.
106. That time and again, I requested Union Home Ministry for security.
Some time IB and some time Delhi Police enquired, and given verbal assurance to provide security. But security was never provided
to me. One such Letter was sent by me on 3rd March 1997, and after receipt the same, one Sub-Inspector come and
met me. I collected Photocopy of the 1st page of my aforesaid own representation, which also contained notings
made by several officers and in back side one letter from Shri A. N. Sharma, Under Secretary, Home Ministry to Smt. Kanwaljit
Deol, the then Addl. C.P. (S&T) Delhi Police was appeared.
107. That this was reported to me that Manik Chand Sethia through
his criminal agent Baman Bose alias Chandan Bose stolen goods from my Office. I sent First Information Report dated 27th
November 1999 by Registered Post to the Officer-in-charge of Behala Police Station. But, any action was not taken by the Officer-in-charge
of Behala Police Station.
108.
That the said Land Mafia is still using black money
powers against me since the authorities from the Department of Revenue of Ministry of Finance, Government of India not taking
any appropriate actions to curb the black money. That the members of said Land Mafia under connivance with each other spending
black money in big way against me. As per the reports from the locals, this was reported to me that the said Land Mafia in
recent past entered in an agreement with antisocial to kill me. This cannot be proved unless concerned antisocial were nabbed
by the Police. But, another associate of Sanjay Kumar Jhunjhunwala namely Manik Chand Sethia conveyed his threats to me admitting
before one Mina Lal Bhansali, that “he has paid Rs.5,00,000/- (Rupees five Lakhs) to Chittaranjan 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, advising thereby to compromise with the said Land Mafia. I placed such information on record by sending the Letter dated
17th February 2001 by Registered Post to Shri Mina Lal Bhansali, with copy to said Manik Chand Sethia. However
at the same time I received secrete reports that Manik Chand Sethia agreed to Pay Rs.10,00,000/- to aforesaid anti-social
to get arranged the acquisition of the property even if required by killing me. This is needless to mention here that Manik
Chand Sethia is 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 Chand Sethia several persons time and again approached me, including Mr. Hukum Chand Choraria of 6,
Lucas Lane, Kolkata, Bijay Singh Choraria son of Late Manik Chand Choraria from Hanut Mal Choraria family of 3rd
Floor, 91, Netaji Subhas Road, Kolkata, Chatter Singh Chhajer of Room No. 25, 2nd Floor, 196, Old China Bazar Street,
Kolkata-700001, as well as owner of Good luck Curriers of 1st Floor, 91, Netaji Subhas Road, Kolkata-700001.
109.
That in consideration of State sponsored and protected
consecutive serial blackmailing activities as were going on against me I filed a Writ Petition (Civil) filed under Filling
Diary No. 22474/2003 dated 29th October 2003, before the Supreme Court Registry, referring all the aforesaid facts.
File of the Writ Petition was sent by Section 1-B of SC Registry to Section X of
SC Registry, where it was came to my notice that a long list of alleged errors of total item Nos. 22 were referred in my matter.
In which one issue was referred that V.I. P.’s were made Party Respondents. I was asked for each such Respondent to
deposit Court Fee of Rs.10/-. When I asked to Assistant Registrar of Section X to name the V. I. P., Party Respondents? Then
Assistant Registrar of Section-X, returned the file to Section 1-B, where the said alleged error was corrected by directing
me just to deposit deficit stamp of Rs.10/- as shortage of Process fee.
110.
Thereafter, I received
Memo Letter Memo Letter D. No. 5610/2003/X dated 29th
November 2003, in which 22 alleged errors were referred. Out of 22 errors I corrected
mostly as far as possible for me, and referred the reasons for not correction for the rest by Letter dated 15th December 2003.
For instance under Item No. 22, I was directed to Change the Writ Petition as PIL, which I replied that “Since the Writ
Petition is with regards to infringement of my personal fundamental rights as such I cannot add the word PIL”.
111. That after
15th December 2003, I was expecting that matter, may come up for preliminary hearing at any time thereafter. When
I enquired from Section X, I was informed that file was sent back to Section 1-B for the final examination of the corrections
made by me. As per my knowledge, thereafter file never come back to Section-X where it was withhold for the reasons best known
to Joint Registrar of Section 1-B. After withholding the matter for more than four months in the garb of “Under Scrutiny”
letter No. D. No. 5610/2003/X dated 19th April 2004 was sent by Section-X which was delivered me on 24th
April 2004, directing me thereby “that the prayers, which have already disposed of / decided by this Hon’ble Court
are required to be deleted” and “You (myself) are therefore, requested to amend the Writ Petition accordingly
within a week from receipt of this letter failing which action contemplated under the rule will be initiated”, from
which criminal conspiracy to get refused to receive my said Writ Petition, was appearing clearly, since prayer referred in
the Writ Petition at all were not adjudicated earlier.
112. That on 15th June 2004 I received Memo letter No.
D. No. 5610/003/X dated 7th June 2004 from the Assistant Registrar (Judl) informing thereby that “The Writ
Petition above mentioned filed you was placed before the Ld. Registrar (J-I) on 26.5.2004, when he was pleased to decline
the same as it does not disclose any reasonable cause upon which it can be received for listing before the Hon’ble Court
under Order XVIII Rule 5 of S. C. R. 1966.” Such finding was completely false, flimsy and knowingly taken by the Registrar
(Judicial) by disobeying his official duties, in violation of the Constitutional provisions, which he violated just to protect
the vested interests of Mafia elements, having close Nexus with Powerful politicians-bureaucrats-Advocates.
113. That conduct of the Joint Registrar of Section 1-B and Registrar
(Judicial) were knowingly disobeying the law with intention to cause severe un-repairable injury to my fundamental rights
to protect the illegal rights of the respective Mafia, and such conduct have causes serious damages to efficacy of and faith
upon the judiciary, and was a crime punishable under Section 166 of the Indian Penal Code, and Section 13(2) of Prevention
of Corruption Act, 1988.
114. After enactment of the Right to Information Act, 2005, I had
filed more than 50 applications for information before the CPIO of the Supreme Court. My object of all this exercise was to
prove that every thing is not fair in the Supreme Court Registry and the refusal to register my writ petition was the handy
work under the embracement of the Judicial Officer holding the office of the Registrar (Judicial). I also applied for file
notings relating to aforesaid Writ Petition as well as amendment of the aforesaid Supreme Court Rules. The agenda and amended Rule are referred in File No. F.8(33)/92-Leg.II. File was started from a letter from the Ministry
of Law and Justice addressed to the Registrar General of Supreme Court under the caption of sub: “Incorporation of a
provision in Supreme Court Rules requiring security for costs from a petitioner filing election petition under Presidential
and Vice-Presidential Election Act, 1952.” I was surprised to know from the file noting relating to respective
amendment in Supreme Court, which was solely aimed to check the fax messages received by the Supreme Court. In fact the Registrar General added his views in file pointing out that (Page 17 of File Noting)
every day 40-50 fax messages are received in which 8-10 are official work related messages, while rest are sent to treat them
as letter petitions. Accordingly agenda Item No. 3 (at page 20 of the said file noting) for the meeting of the Full Court
was for the amendment in the Supreme Court Rules “To consider the submission note of the Registrar General regarding
letter petitions received on Fax and suggested amendments to the Supreme Court Rules thereto”. And Full Court adopted the amendment with the following languages: “The amendments
proposed in Order X Rule 5 and Order XVIII Rule 5 are approved. Consequential changes be made in related provisions.”
Therefore, Refused to Register my Writ Petition was a criminal misconduct of the respective Registrar (Judicial) of the Supreme
Court, since he refused to register the same just to protect the consecutive serial criminal activities of the aforesaid land
mafia.
Yours
Faithfully,
(Milap Choraria)
B-5/52, Sector-7,
Rohini,
Delhi-110085
This Notice is also posted at https://notice2unionofindianothers.tripod.com/, wherein some photocopies of the related
documents are also posted.
Copies
through Email to:
1. National Human Rights Commission, Faridkot House, Copernicus Marg,
New Delhi-110001 through EMail covdnhrc@nic.in, ionhrc@nic.in
2. Supreme Court of India, Through Registrar-General of the Supreme Court of India, through Email ID: supremecourt@nic.in, New Delhi-110001
3. Kolkata High Court, through Registrar General
of High Court, Kolkata-700001, through EMAIL ID : clist@nic.in
4. West Bengal
Human Right Commission, Through Secretary & C.E.O. Shri B. Mahapatra,
IAS, BHABANI BHAVAN, ALIPORE, KOLKATA-700027 through Email ID: wbhrc@cal3.vsnl.net.in, and
5. The Commissioner of Police, through EMail ID: delpol@del2.vsnl.net.in, Delhi Police, New Delhi-110002, as a precautionary measure, that in case, if I may be killed by the
land mafia, this Notice should be treated as my dying statement.
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