BISWANATH SOMADDER,J. - (1.) After hearing the learned advocates for the parties and upon perusing the report in the form of an affidavit filed on behalf of the Purba Medinipur Zilla Parishad, it appears that during pendency of the instant matter, the concerned Zilla Parishad has already passed an order as contained under memo dated 25th November, 2011, which has been handed up by the learned advocate appearing on behalf of the Zilla Parishad and which may be kept on record. The relevant portion of the order dated 25th November, 2011, passed by the Sabhadhipati of the Purba Medinipur Zilla Parishad is quoted hereinbelow : "Heard all the appearing parties and perused the record produced before me by the respective parties, it appears that the writ petitioner of W. P. No. 7811 (W) of 2010, Smt. Rani Bala Guchhait has constructed a two storied pucca Building on the aforesaid portion of Zilla Parishad but she could not produce any sanctioned plan or permission in this regard. In the Zilla Parishad office no such sanctioned plan or permission records are available. Smt. Guchhait agreed about the transfer of possession by way of execution of Tenancy Agreement to (i) Samar Das (2) Ranagalal Sahoo (3) Madhusudan Dolai and the same shows that she has been suppressing the material facts on records at the time of submission of prayer for renewal of the licence. The agreement of licence for the period of 1st Baisak, 1413 B. S. to 30th Chaitra, 1414 B. S. is produced by Smt. Rani Bala Guchhait. The clause-3 of the said Agreement speaks that the licencee will construct temporary construction on the licensed land with the permission of the first party, Zilla Parishad Authority and in violation of the said condition the said second party licensee will be evicted without any notice therefore. Clause-6 of the said agreement speaks that the second party licensee will not change the nature and character of the said property by way of gift, sale. Mortgage or any other way and shall not allow any other person to possess any portion of the said property as licencee and if she does so she will be evicted with proportionate compensation to the Authority. Clause-13 of the said Agreement speaks that if any of the conditions made therein is violated then she sill be treated as evicted even without any notice. The Zilla Parishad does want any middle man's interest in respect of its any property rather interested to get direct contact with the persons who are in actual possession of the Zilla Parishad land. Considering the above facts and circumstances in the matter, the Zilla Parishad Authority has granted license to (1) Samar Das (2) Rangalal Sahoo and (3) Madhusudan Dolai in respect of the portions possessed by them in the ground floor of the said premises after receipt of necessary charges and occupation fees. The Zilla Parishad Authority is willing and ready to grant license in respect of the first floor of the said premises where Smt. Guchhait is residing and/or running business and in that case she is requested to contact the Karmadhyaksha, Ban-O-Bhumi Sanskar Sthayee Samity of Purba Medinipur Zilla Parishad as and when she desire with necessary charges and the license will be given following the procedure. Thus the prayer made by the petitioner considered and disposed of. The office is directed to serve this copy of this decision upon the petitioner immediately."
(2.) It is contended by the learned advocate for the petitioner, relying on an unreported judgment of this Court rendered in C.O. 2845 (W) of 1990 (Eastern Trade Syndicate and Ors. v. The State of West Bengal and Ors.) on 24th June, 2004 , that even if the concerned Zilla Parishad decides to extend or renew the grant of lease in favour of the writ petitioner, it could recover possession only in accordance with due process of law and thereafter grant fresh lease to some other person/persons.
(3.) The facts of the instant case, however, are completely distinguishable. It is not a case where the writ petitioner is seeking protection from being dispossessed without due process of law being followed.;