DATE OF FILING : 16.07.2014.
DATE OF S/R : 02.02.2015.
DATE OF FINAL ORDER : 06.07.2015.
Prasanta Adhikary,
son of late Gopal Chandra Adhikary,
residing at Hizlock, P.O. & P.S. Bagnan,
District Howrah. ……………………………………………………….. COMPLAINANT.
Versus -
1. Sri Debashis Maji,
son of late Sital Chandra Maji,
residing at 154/2/1, Swami Vivekananda Road, P.S. Shibpur,
District Howrah and also at
58/1/1, Natabar Paul Road, 3rd floor, Kadamtala, P.S. Bantra,
District Howrah,
PIN 711101.
2. Nirmal Adhikary,
3. Motilal Adhikary,
4. Arabinda Adhikary,
5. Tapan Adhikary,
all are sons of late Nityananda Adhikary,
residing at Hizlock, Post Office and P.S. Bagnan,
District Howrah. …………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak, L.l.b., ( Retired Railway Officer ).
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Prasanta Adhikary, against Shri Debasish Maji and four others, o.ps., praying for a direction on the o.p. no. 1 to make the boundary wall and fix one iron gate as per agreement dated 30.08.2013with the help of local police namely Bagnan P.S., and also directing the o.p. nos. 2 to 5 not to obstruct the o.p. no. 1 while making such boundary wall and directing the o.p. no. 1 to pay compensation for a sum of Rs. 1 lac for physical and mental harassment and Rs. 10,000/- as litigation costs.
- The further case of the petitioner is that he entered into an agreement with the o.p. no. 1 for constructing boundary wall around his land but the o.p. no. 1 did not do the same compelling him to file the case.
- The o.p. no. 1 though served with notice and appeared in the case but did not file any written version and the other o.ps. also did not appear and thus the case is heard ex parte against all the o.ps.
- The only point to be decided here whether the petitioner is entitled to have the boundary wall done by the o.p. no. 1 around his land ?
DECISION WITH REASONS :
5. In support of his case the petitioner filed affidavit as well as an agreement with the o.p. no. 1 and also the payment receipts showing that the petitioner entered into an agreement with the o.p. on 30.8.2013 for developing his land and constructing boundary wall and he paid Rs. 1 lac to the o.p. no. 1 who did no job and thus compelled him to file this case.
6. The oral and documentary evidences proved the case of the petitioner ex parte against the o.ps. as all the above evidences went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved by him and he is entitled to relief as prayed for.
In the result, the complaint case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 392 of 2014 ( HDF of 201 ) be and the same is allowed ex parte against the O.Ps. with costs.
The petitioner is entitled to the reliefs as prayed for and the o.p. no. 1 is directed to construct the boundary wall and fix iron gate therein as per terms and conditions of the agreement and the o.p. nos. 2 to 5 are directed not to obstruct the o.p. no. 1 while making such wall and developing the land and also the petitioner is entitled to compensation for a sum of Rs. 3,000/- from the o.p. no. 1 and Rs. 2,000/- as litigation costs.
The o.p. no. 1 is directed to comply the final order of this Forum within two months from the date of this order and the o.p. nos. 2 to 5 be directed not to obstruct in doing so and if required o.p. no. 1 would take the help of local police who would render assistance in compliance of the final order of the Forum.
The o.ps. denying compliance of the order, the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
