Calcutta High Court (Appellete Side)Aftab Alam vs The State Of West Bengal And Others on 30 November, 2023November 30, 2023\nAD 27\nCourt No.14\n SG\n                                      WPA 23198 of 2023\n\n                                         Aftab Alam\n                                             vs.\n                             The State of West Bengal and others\n                                                                    .Mr. Manas Kumar Barman\n                                                 ... for the petitioner\n                            Md. T.M. Siddiqui\n                            Mr. T. Chakraborty\n                                                     ... for the State\n\n                            Ms. Farnaz Nasim... for the respdt Nos.15, 16 and 18Affidavit of service filed in Court is taken on record.\n\n                    Report filed by the State is also taken on record.\n\n                    Learned advocate for the petitioner submits as\n\n             follows.       The petitioner had agreed to purchase a\n\n             property from the private respondent/promoter for a total\n\n             sum of Rs.31, 50,000/-. At the time of agreement, a sum\n\n             of     Rs.13,75,000/-    was    paid.      Subsequently,     by\n\n             14.01.2023 the entire sum was paid. The petitioner had\n\n             taken possession of the flat and was staying there. On\n\n             the fateful day, at the behest of the promoter the local\n\n             police came to the residence and without any order\n\n             passed by any court in this regard dispossessed the\n\n             petitioner from the said flat and put a padlock on the\n\n             main gate. Some of the actions of putting a padlock on\n\n             the main gate have been captured in photographs. This\n\n             is a case of police over-action where the police have, for\n\n             some       extraneous   considerations,    dispossessed     the\n\n             petitioner from the flat by acting like a civil court. With\n\n             the indulgence of the local police, the promoter is used to2selling same flat to more than one buyer. As regards the\n\ncase of cheating and forgery, a complaint case before the\n\nlearned Magistrate is pending in revision.Learned advocate for the State relies on the report\n\nand submits that the police had to intervene to take\n\ncontrol of the situation.           They went to the place of\n\noccurrence on a complaint that one of the parties had\n\nillegally entered into the premises.           The gate of the\n\npremises was locked. It did not appear that anyone was\n\nliving in the said flat. The promoter denied his signature\n\non   the       purported       receipt   showing   payment      of\n\nRs.31,50,000/- by the petitioner as consideration money.Learned advocate for the private respondents denies\n\nthe allegations and submits that the petitioner was\n\nwrongly trying to trespass into the flat constructed by the\n\npromoter. The promoter has not yet given possession to\n\nany party.Let the respondents file opposition within a fortnight\n\nfrom date. Reply, if any, be filed within a week thereafter.List the matter under the heading "For Orders" on\n\n16th January, 2024 at 3 pm.\n\n     Urgent certified copy of this order, if applied for, be\n\nsupplied to the parties upon compliance of all requisite\n\nformalities.[ Jay Sengupta, J. ]3