Jayanta Kumar Biswas, J. - (1.) The petitioner is asking for a mandamus directing the panchayat and the police authorities to stop unauthorized constructions allegedly being carried on by the fifth respondent on the land particulars whereof have been given in the writ petition. Counsel says that in view of section 23 of the West Bengal Panchayat Act, 1973 the panchayet authorities are under a statutory obligation to see that the fifth respondent does not indulge in making unauthorized constructions.
(2.) The petitioner filed a suit against the fifth respondent before the civil Court. He prayed for declaration of title with respect to the same land, and also for permanent injunction restraining the fifth respondent from encroaching on any portion thereof or from carrying on any unauthorized constructions thereon. In the suit the petitioner obtained a temporary injunction restraining the fifth respondent from making any unauthorized constructions on the land. Such injunction is in force. By moving an application under Section 151 of the Civil Procedure Code, 1908 he obtained an order directing the police authority concerned to implement the order of temporary injunction granted by the civil Court. The panchayet authorities are not parties in that suit.
(3.) Alleging that in violation of the order of temporary injunction of the civil Court the fifth respondent continued to make unauthorized constructions, and that in spite of representation the panchayet authorities failed to discharge their statutory duties by not preventing the fifth respondent from making any unauthorized constructions and also by not demolishing the unauthorized constructions raised on the land concerned, the petitioner has taken out the present writ petition. Counsel submits that though the suit is pending and the order of temporary injunction made therein is in force, the petitioner is entitled to take out the present writ petition seeking discharge of statutory duties and obligations by the panchayat authorities.;