R. K. Bag, J. - (1.) The petitioner has filed this writ petition praying for direction upon the state-respondents to issue possession certificate in favour of the petitioner in respect of the waterbody by name "Chhoto O Baro Paresh Bheri" in Mouza-Dhapamanpur in the district of North 24 Parganas.
(2.) The petitioner is a registered Cooperative Society. The respondent no.6, Block Land and Land Reforms Officer issued one notice on February 29, 2016 inviting tender for pisciculture in the waterbody measuring 306.21 acres appertaining to plot no.1602 and plot no.910, J.L. no.1, Mouza Dhapamanpur, popularly known as "Choto O Baro Paresh Bheri" and the petitioner participated in the said tender and was selected as successful bidder. The petitioner deposited statutory amount of Rs.2,75,000/- with the respondent no.6 on March 11, 2016. It is alleged that the possession of the waterbody was not handed over in favour of the petitioner. It is further alleged that the private respondent is in possession of the said waterbody in an unauthorised and illegal manner.
(3.) A few fishermen approached this Court by filing W.P. No.30473(W) of 2015 praying for direction upon the State-respondents to restrain the private respondent from catching fish in the waterbody. On January 11, 2016 learned single Judge of this Court passed an order in the said writ petition directing the District Magistrate, North 24 Parganas to decide the issue of granting lease in connection with the waterbody within specified period of time and also directed the local authority to ensure that no fishing activity would take place in the said waterbody till the decision of five member committee headed by the District Magistrate. On prayer of the private respondent in connection with the said writ petition, learned single Judge of this Court passed another order on April 1, 2016 granting permission to the local authority to allow the private respondent to carry on fishing activity in the said waterbody, though the writ application was disposed of on January 11, 2016. On May 13, 2016 learned single Judge of this Court passed another order in connection with the said writ application directing the District Magistrate, North 24 Parganas to conduct an enquiry in connection with the waterbody and to submit a report as to whether the private respondent is conducting fishing activity only on the basis of the order passed by the High Court or on the basis of any independent right acquired by the said private respondent. The private respondent unsuccessfully challenged the order passed by learned single Judge by preferring appeal being M.A.T. No.837 of 2016 which was disposed of by the Division Bench of this Court on September 1, 2016. Ultimately, on December 16, 2016 learned single Judge recalled the order dated January 11, 2016 and held that the interim order passed on April 1, 2016 in the said writ petition would cease to have any force. The said writ petition was, ultimately, dismissed as not pressed by an order dated March 16, 2017. The present petitioner submitted a representation before the District Magistrate, North 24 Parganas on May 29, 2017 praying for delivery of possession of the waterbody in favour of the petitioner, but the said representation is still pending for consideration of the District Magistrate, North 24 Parganas.;