SAHIDULLAH MUNSHI,J. - (1.) This mandamus appeal at the instance of the writ petitioner, is directed against an order of the Hon'ble Single Judge passed on December 8, 2017 in WP No.196 of 2017. The appellant challenged an order dated September 1, 2016 passed by the appellate authority who dismissed the revenue appeal preferred by the writ petitioner/appellant, directing him to vacate his illegal occupation from the land in question. The case in the writ petition in short is that respondent Nos. 6 to 15 were petitioners in a writ petition being WP No. 281 of 2014 by which they challenged an order passed by the Deputy Commissioner based on the report obtained from subordinate revenue authorities and held that the property sought for sub-division, was under occupation of other persons. It is claimed that the father of the writ petitioner Late Gorango Biswas came in these islands as settlee in the year 1949 and in the year 1962 he was allotted some land bearing Survey Nos. 222, 224, 225, 226 and 227 at Chouldari village and during the said period the father of respondent No.6 was also allotted the adjacent land bearing Survey Nos. 49, 52 and 53 measuring an area 2.07 hectares situated at Cerkikabad under Ferrargunj Tehsil which was sold and he left the Islands for good soon after allotment. The land bearing Survey No. 170/40 and 329/P measuring an area of 1.20 hectares was further allotted by misleading the authorities and on some extraneous consideration, but, fact remains that the allottee was not residing in these Islands and the adjacent government land was in occupation of the petitioner since 1949 through his father till date by way of plantation and residence. Respondent got allotment of the property which was in his occupation and he filed a writ petition before the Hon'ble High Court being WP No. 83 of 2013 which was disposed of on March 1, 2013 directing the Deputy Commissioner to consider the application for sub-division. Respondent No.3 (Deputy Commissioner) initiated RC No. 655/2013/D C(SA) and vide order dated March 2013 rejected the application, holding inter alia, that land bearing Survey No. 170/40 and 329/P are not in occupation of the recorded tenant and admittedly, the part of the said land measuring an area 0.9764 hectares since 1949 is in occupation of the petitioner which they used for plantations and were enjoying the usufruct.
(2.) Learned counsel for the petitioner at the time of hearing before the respondent No.3 filed a written submission on 16th January, 2014 with a prayer for joint demarcation but, the respondent No.3 held that the report of the Tehsildar in respect of demarcation is clear and there is no need to re-demarcate the property.
(3.) On rejection of the application for sub-division of the land the respondent No.6 and others filed an application before the Tehsildar, Ferrargunj, for eviction of the petitioner, who has been allegedly in possession since 1949 without any interruption.;