RAJEN SHARMA AND ORS vs SRABONI TRADE LINK PRIVATE LIMITED AND ORS

D/L 03 & 04
Court no. 11
August 31, 2026.
KAUSHIK
Calcutta High Court
In the Circuit Bench at Jalpaiguri


M.A.T. 13 of 2026
CAN 1 of 2026
CAN 2 of 2026
CAN 3 of 2026

Rajen Sharma & Ors.
Vs.
Sraboni Trade Link Pvt. Ltd. & Ors.

With

M.A.T. 14 of 2026
CAN 1 of 2026
CAN 2 of 2026
CAN 3 of 2026

Bikram Tewari & Ors.
Vs.
Tirupati Heights LLP & Ors.

Mr. Bikramaditya Ghosh
Mr. Mayank Bhandari
Mr. Vivek Saha
… for the appellants

Mr. Ajay Singhal
Ms. Heera Yasmin Shaikh
… for the respondent No.1

Mr. Jagriti Mishra, learned AAAG
Mr. Kunaljit Bhattacharjee
Ms. Radhika Agarwal
… for the State


This appeal has been filed by a non-party
to the writ petition.
Briefly, the writ petitioner/respondent
complains of unlawful deletion of the names from
the Records of Rights through fake conveyances.
Upon being satisfied, the Learned Single Judge
after passing several orders ultimately constituted
a Committee to enquire into the matter. Upon

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carrying on such investigation, it was found that
more than 5000 files relating to mutation cases
were missing from the Office of the Block Land
and Land Reforms Officer, Rajganj. There were
also innumerable wrongful entries in the Record
of Rights and several illegally initiated mutation
cases. There was also a case of disappearance
of records from the concerned Office. In this
background, it was found that the matter needed
to be further investigated and appropriate criminal
proceeding be initiated amongst the concerned
officers. In such circumstances, the Learned
Single Judge disposed of the writ petition by, inter
alia, directing as follows:
“6. Under such circumstances, the I.G.,
North Bengal is requested to
constitute a Special Investigating
Team comprising of senior police
officials including the Inspector-in-
Charge of the concerned police
station/stations having jurisdiction
over the alleged offence allegedly
committed by the persons
mentioned in the complaint. The
team shall also investigate whether
the erstwhile Block Land and Land
Reforms Officer and the head clerk
of the office were in collusion with
these offenders. An FIR will be
registered on the basis of the
complaint already filed and the said
investigation shall continue
expeditiously. Necessary steps
shall be taken in accordance with
law and the investigation shall be
reached to its logical conclusion.”

In this background, the instant appeal has
been filed by a non-party to the writ petition, inter
alia, contending that since the First Information
Report and a charge-sheet had been filed before

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the concerned authorities, there should be no
further investigation insofar as the appellant is
concerned pertaining to the 5000 missing files
from the Office of the respondent no. 4.
Pursuant to a direction and in view of the
seriousness of the matter, Mr. Jagriti Mishra,
Learned AAG, Jalpaiguri was requested to be
present. On taking instructions, it was found that
despite there being no stay nor embargo nor
restraint of any kind whatsoever, the investigation
carried out by the Special Investigating Team
(SIT) in terms of the impugned order is still
continuing.
The facts of this case reveal that there are
serious allegations of fraud and interpolation of
land records in the Office of the respondent no. 4.
In such circumstances, the directions in the
impugned order for formation of a SIT and for
investigation on these facts warrants no
interference whatsoever. The appellant cannot
be aggrieved by any such directions. There is no
finality as yet in the investigation which the SIT is
conducting. The matter is still at large and any
attempt of the appellant or any party would only
procrastinate matters. The appellant cannot have
any grievance whatsoever against the impugned
order and any contention sought to be raised is
ill-motivated and for ulterior purpose. In such
circumstances, these appeals along with

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connected interlocutory applications stand
dismissed. There is no infirmity in the discretion
exercised by the Trial Court. In any event, in
view of the public interest, there is no ground to
interfere.
The State authorities and in particular the
SIT are directed to act expeditiously in terms of
the impugned order.

(Ravi Krishan Kapur, J.)

(Supratim Bhattacharya, J.)