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In The Court of Ld. Executive Magistrate (1st Court) at Howrah

Ref: Misc. Petition No: /2020

In the matter of: -

An application Under Section 144(2)
of the code of Cr. P. C;
AND
In The Matter of :-

Sri. Gopal Adhikari, son of Late Bistu Pada

Adhikari, of 52/1, Sanatan Mistri Lane, P.O.
Salkia, P.S. – Golabari. District – Howrah.
------------------Petitioners
---V E R S U S---

1. Dilip Singh, son of Late Nageswar Singh

2. Vishal Singh, son of Dilip Singh
Both are residing at Holding No. 52/1,
Sanatan Mistri Lane, P.O. – Salkia, P.S. –
Golabari. District – Howrah, Pin Code –
711106.
-------------- Opposite parties
The humble petition filed on behalf of the above named petitioner
Most Respectfully Sheweth:-

1. That the petitioner is a peace - loving and law abiding citizen of India.

2. That the Petitioner is the Owner and Occupier of Holding No.52/1, Sanatan
Mistri Lane, P.O. – Salkia, P.S. – Golabari. District – Howrah, Pin Code –
711106. (hereinafter referred to as “Said Property”)
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3. That originally the property belongs to Late Bistu Pada Adhikary. After his
demise i.e. in the year 1975, his for sons namely Rabin Adhikary, Sailen
Adhikary, Gopal Adhikary(the Petitioner) and Nepal Adhikary became the
owner the total undivided property situated at 52/1, Sanatan Mistri Lane,
P.O. – Salkia, P.S. – Golabari. District – Howrah. Thereafter said Rabin
Adhikary died on 1st December’2019.

4. That after the death of Late Bistu Pada Adhikary, his four son were
amicably made an oral partition amongst them and since then the Petitioner
enjoy his portion, which is mentioned above as the Said Property.

5. That the Opposite Party No. 1 is the Tenant under the Petitioner in respect
of the Said Property as monthly rental basis and Opposite Party No. 2 is the
son of Opposite Party No 1

6. That originally one Nageswar Singh was the Tenant in respect of one room
at ground floor in the Said Property under the Petitioner at a monthly rent of
105/-(Rupees one hundred and five only).

7. That said Nageswar Singh was died on 5th August’2017, leaving behind his
four son, namely Dilip Singh(Opposite Party No. 1), Ajit Singh, Sujit Singh
and Ranjit Singh.

8. That after the death of Nageswar Singh, the Opposite Party No. 1 and his
family started to reside as a Tenant in the Said Property.

9. That since the death of Nageswar Singh, the Opposite Party No. 1 never
paid rent to the Petitioner. As and when the Petitioner asked for the rent, the
Opposite Parties started creating nuisance by abusing the Petitioner and his
family members.

10. That as per the present West Bengal Premises Tenancy Act, 1997, the
Tenant should also bear the Property and Water Tax for their tenanted
portion.

11. That the Opposite Party No. 2 is a very suspicious character and he deals
with many antisocial work in locality.

12. That the problem arose when, the Petitioner had approached the Opposite
Parties to clear the due rent. The Opposite Parties refused to pay the rent and
threatened the Petitioner with dire consequences and the Opposite Party No.
2 pushed the Petitioner.

13. That as the Petitioner is an aged and ailing person, he was scared and left the
spot.

14. That on such issue the Opposite Parties are creating nuisance and torture
upon the Petitioner. It is impossible for the Petitioner to tolerate all this but
as he was so scared, de did not take any action against the atrocity created
by the Opposite Parties, due to his old age. But Opposite Parties did not
understand the problem but started more atrocities against the Petitioner and
his family members also.

15. That the Opposite Parties along with some local antisocial were started
regular mental torture upon the Petitioner, using filthy languages and also
started threatening the Petitioner to kill him. On seeing such torture upon
him and his family members, the Petitioner tried to resist them but the
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Opposite parties and their men and agents used to beat him by fist and
blows.

16. That the Petitioner had tried severally to negotiate and settle the matter but
as the Opposite Parties are so adamant, they remained steadfast in such a
way that there was no solution to the issue and the Petitioners efforts were in
vain.

17. That on 12/07/2020, in the night at about 3 a.m. the Petitioner noticed that
the Opposite Party No. 2 along with some local antisocial tried to broke the
main door of the Sais Premises. Then and there, the Petitioner rush to the
spot to resist them but the Opposite Parties along with their men and agents
started beating the Petitioner with fist and blows, thereafter with the help of
some local people, the Petitioner rescued. Seeing the local people, the
Opposite parties and their men and agents fled the scene threatening the
Petitioner with dire consequences.

18. That then and there the Petitioner went to the Local Police Station i.e.
Golabari P.S and had filed one written complaint but the Police Personnel
did not take any action till now.

19. That the opposite parties are often forming an unlawful assembly for
creating atrocities against the Petitioner and his family members.

20. That the petitioner being law abiding citizen of India is seriously
apprehending threat to him and his family member’s life and breach of
peace, destruction of valuable articles in her house.

21. That by the acts of the opposite parties and their men and agents, there is
serious apprehension of breach of peace and the opposite parties and their
men and agents are required to be restrained from creating any sort of
disturbance. Further, it is also required to stop the Opposite Parties from
creating nuisance and torture by promulgating the order under section 144
(2) Cr.P.C.

22. That there is no self-same case pending before the ld. Court on the self-same
matter.

23. That this application is made bonafide and for the ends of justice.

In view of the above circumstances it is humbly prayed that

your Honour may graciously be pleased to call for a report from
the Golabari Police Station and/or further be pleased to restrain the
opposite parties and draw up proceeding under section 144(2) of
Cr.P.C against the opposite parties and their men and agents
restraining them from doing any illegal or overt acts and/or be
further pleased to pass order restraining the opposite parties and/or
pass such necessary order/orders as Your Honour may deem fit and
proper for the interest of justice.

And for this act of kindness your petitioner as in duty bound shall ever pray.