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May01, 2009

Hon’ble Chief Justice, Supreme Court of India, (now, K.G.

Balakrishnan)
Supreme Court of India,
New Delhi, India

Questionable judgement by Justice Ashim Kumar Banerjee, J and

justice Tapas Kumar Giri .J in Kolkata High Court Writ (MAT No. 3140
of 2003 and Appeal FMA No.1040 of 2007.

Dear Hon’ble Mr Chief Justice: (now, Hon'ble Chief Justice K. G.

Balakrishnan)

Sub: Indian judiciary and their associates particularly in this

case Kolkata High Court have they got vested interest not to
pass judgment in above writ (if it is of any value) compelling me
to spend umpteen millions through the process, which I don't
have nor can I afford to approach to you through the legal
system of India and I can not access the SCBA through
electronic media and who knows like the system in India they
care to attend to my written request sent through India postage.

Your Honor:

I am a NRI of more than 70 years old. Having aspired to set up an

industry in West Bengal in 1982 I was jailed, tortured, and what not.
Since Indian system does not maintain a IT based data bank
everything needs to be proven with paper, which you’re more than
aware of can be fabricated for few rupees and or influence.

Kindly help me by taking suo motto actions:

Asking for kind action for the sake of humanity..
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1.When no local glorified titled public servant took any remedial

measures and not even had the courtesy of replying my letters, I
filed a writ MAT NO. 3140 in 2003 and without going through the
contents of the Writ filed under 226 of the Constirution of India, the
writ was disposed of by Justice PInaki Chandra Ghose without
showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was
disposed of by Justice Ashim Kumar Banerjee and Justice Tapas
Kumar Giri and the matter was referred to local public servant,
District Magistrate and handed over to me on 20/8/2007. In my writ
it was irrefutably proven that the Kalyani Municipality violated the
provisions of IPC and whereas the local police politely indicated
their helplessness in the matter, the lower court took remedial
measures, the way it should be. I'm quite aware of the realities in
West Bengal and also aware of the law that judges(in line with the
practiced unaccountability in Administarion) are not legally liable
for accountability.

2.Judgement in my opnion, should be clear and explicit like in

many civilzed countries and the aggrieved individual by the the
State Administration (in civilized countries in my experience hardly
any, but if there are) always are looked after by the justices. Why
the matter was referred to District Magistrate when in the first
place as substantiated and irrefutably proven in my writ that no
local glorified titled public servant, DM, SDO, Transportation
Department, Environmental Protection, etc., did give a damn
about my complaints which was also published in the daily English
News paper from Kolkata. DM, Nadia informally intimated that he
can do nothing about it.

3.To my experience and to the experience of Millions of the world,

Indian public service hardly provide any service to the public,
excepting the Indian VIPs and their stooges.

Asking for kind action for the sake of humanity..

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4.So, nothing had happened. Criminal activities/illegality, as

irrefutably substantiated in my above writ along with video
photography (sent to the Chief Justice Hon'ble Nijjar by registered
post) as it appears to the world is imbibed in local society and
continues unabated. Indian press is full of it and it transpires to all,
that the definition of democracy in India, as I have read in the
press, including the statements of Supreme Court of India benches
transpires to quote " for the criminals, by the criminals of the
crimin......"(?)

5. You are quite aware of the judiciary system of the civilized world
and their effectiveness.

6. Your Honor, I’ve not seen or heard that in civilized countries where
there are no VIPs and what not as in India, Supreme Court of a
country hears bail petitions as is done here. Nor does Supreme
Court of High Court of a country entertain every petition from the
proven/unproven criminals.

7. But, as witnessed by me in civilized world, higher/highest court

of the country establishes the right of the common man.

8. As per laws of India, as I know, the existence of right is thus the

foundation of a petition under Article 226 State or Orissa v Ram
Chandra Dev, AIR 1964 SC 685, and for years rights of the residents
of Kalyani have been violated with impunity. And as irrefutably
proven in my above writ there are (exception I found one) no glorified
titled public servants dare remedy the situation.

9. As stated to be local legal professionals (as they claim and have

sucked millions from me),the next course open to me trying to get
justice by the Inldian System is to file a contempt case and then
proceed to Supreme Court. I am afraid, to my opinion based on the
civilized democratic system enough is enough, and I don't have
unaccounted assets like most locals to get it to the Supreme court of
India to feed the local system.
Asking for kind action for the sake of humanity..
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10. In the above judgment as in item 1, the judges of Kolkata High

Court stated that, quote, "The municipality, however had changed
their policy and was trying to allow commercial activities to be carried
out near his residence" . This is just one point of the writ which the
judges have rightlfully partially observed disposing the application
without costs and evading the following points of the writ: (partially for
the fact, I never mentioned near my residence, rather the whole
Municipality of Kalyani).

In this context, may I politely mention that the Delhi High Court and
Supreme Court of India got rid of immovable assets of Indian glorified
titled Indian public servants and that of Indian Billionares built at New
Delhi. For your kind information Kalyani Municipality earlier known as
Kalyani Notified Area Authority presumably under the Act of India with
a Master Plan of the Notified Area Authority and was founded by Late
Doctor (Medicine) Bidhan Chandra Roy.
Points of the writ evaded by the Kolkata High Court.

Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of
2007-Kolkata High Court.
a. The judgment of above writ MAT 3140 of 2003 was
rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no.
1040 of 2007 was pushed to the District Magistrate by Justice Ashim
Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07.

b. Right to live in peace

Judgments did not take into consideration of

the safety and peaceful living of NRI Aurovindo Choudhury
as was evident on the writ petition item 3, 4,
5,6,7,8,9,10. and did not order any protection to the
applicant or compensation for the sufferings and
harassment to the petitioner. No Protection was provided
to the petitioner.

c. Environmental pollution and malpractices to

create 1Environmental hazards by the Kalyani
Municipality.

1Asking for kind action for the sake of humanity..

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Item 12, 13, 14, 15,16 are clear intentional

violation of the above acts and many other criminal acts.

d. Arbitrary changing of Master Plan in line with

local practice, presumably for money.

Item 17,18 are clear examples. In this context the

petitioner’s observation is that Supreme Court of India has
ordered that no master plan can be changed..

Locals of India in one pretext or other in the days past, even by

extortions openly committed have sucked millions from me.
Your Honor I had worked for a living and don’t have any ill got
money as rampant in India. I survive only on pension from
Canada.

May I request you to please intervene and provide justice?

Please allow me to provide a quote from Indian Law Books,
quote "power under article 226 is designed to effectuate the law
to enforce the rule of law and to ensure that several authorities
and organs of the state act in accordance with law. Union of
India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996
SC 3285.

With humbleness I quote another quote from Indian Law Books,

quote "No one should be allowed to suffer for act of court State
of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993.

Just a kind reminder from a quote of Indian Law Books, quote

"Writ application is a public law remedy".

I pray to God that justice prevails in India particularly to me and I

request you to be God sent messiah in this instance.

Asking for kind action for the sake of humanity..

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With kindest regards and salutations,

Yours truly,

Engr. Aurovindo Choudhury, C.Eng., FIE for life,(India, Bangladesh),

VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US),MCIMM,
MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec
with jurisdiction of all the countries of the world, a grandson of the Her
Excellency Shri Shri Ma Anandamoyee.
Address: B-6/108 Central Ave., West, Kalyani 741235, WB, India.
Email: ceaurovindo@yahoo.ca
In India Tel: (033)64153255.

Attach: Copy of Judgment of the Kolkata High Coourt.

Asking for kind action for the sake of humanity..