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2024 Supreme(Cal) 1355

SHAMPA SARKAR
Aarburgreen Estates LLP – Appellant
Versus
Subhas Chowdhury – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abhrajit Mitra, Sr. Adv., Mr. Suddhasatva Banerjee, Mr. Satadip Bhattacharya, Ms. Rituparna Chatterjee, Ms. Khushboo Choudhury, Mr. Aniruddha Chatterjee, Mr. Abirlal Chakraborty.
For the Opp. Parties : Mr. Probal Mukherjee, Sr. Adv., Mr. Nimish Mishra, Mr. Gaurav Singh, Mr. Abir Mondal, Mr. Shamit Sanyal, Ms. Mekhala Kanji.

JUDGMENT :

(Shampa Sarkar, J.) :

1. The revisional application arises out of an order dated September 1, 2023 passed by the learned Recovery Officer, Debts Recovery Tribunal-II, Kolkata in TRC No.191 of 2001. The order was passed on an application filed by the auction purchaser/opposite party No.1 alleging obstruction posed by the petitioners, making plot no. 3332 (purchased plot) inaccessible.

2. By the order impugned, the learned Recovery Officer passed certain interim directions, which are under challenge before this Court. The jurisdiction of this Court is invoked on the ground that the order suffers from a lack of inherent jurisdiction. It is alleged that the learned Recovery Officer did not act within the bounds of his authority and also misconstrued the law while passing the mandatory directions at the interim stage.

3. The facts as pleaded in this revisional application were that the petitioner No.1 was the sole and absolute owner of lands measuring about 104.66 satak comprising of R.S. Dag Nos.3325, 3329 and 3334 recorded in R.S. Khatian Nos.832, 697 and 448, in Mouza Jagaddal, J.L. No.71 Ward No.25, Municipal Holding No.408, Dwarir Road, under Rajpur-Sonapur Municipality,

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