Shampa Sarkar, J. - (1.) Aggrieved by the order dated January 27, 2017 passed by the Savadhipati, Purba Medinipur, Zilla Parishad (hereinafter referred to as the respondent no. 3) this writ petition has been filed.
(2.) According to the petitioner, he was the owner and the occupier of the land measuring 0.02 decimals in the L.R. Dag No. 202 Mouja Pratappur, Police Station Panskura, District Purba Medinipur. After purchase of the said land he constructed over 0.02 decimals and Purba Medinipur Zilla Parishad by a registered deed of lease for a period of five years permitted the petitioner to occupy the Zilla Parishad's land measuring 48 ft. X 18 ft. in L.R. Dag No. 1144, Hal Dag no. 1475/1568 as per the established norm of the Zilla Parishad as the said land was situated in front of the petitioners land. The Zilla Parishad accepted yearly occupation charges in respect of the said land upto the year 2013. Thereafter, from 2014-15 the Zilla Parishad refused to accept the occupation fees. Finding no other alternative the petitioner filed an application under the Right to Information Act on October 9, 2015 and the Zilla Parishad informed the petitioner that the respondent no. 7 had got temporary short-term settlement in respect of the Zilla Parishad's land. The petitioner was constrained to file a complaint case under Section 156 (3) of the Criminal Procedure Code before the Chief Judicial Magistrate, Purba Medinipur against the respondent no. 7 who was illegally running business on the land and was trying to destroy the shop rooms constructed on the Zilla Parishad's land occupied by the petitioners which was settled to him by the Zilla Parishad. A Title Suit No. 35 of 2009 was filed by the mother of the respondent no. 7 for declaration and injunction that the petitioner had sold 0.06 decimal of land to the mother of the petitioner by two registered deeds of sale. The petitioner also filed a suit for partition and permanent injunction against the mother of the respondent no. 7 being Title Suit no. 37 of 2009. Both the suits were pending before the appropriate Civil Court. That the dispute between the parties was over the occupation of the land of the Zilla Parishad measuring 48 ft. X 18 ft. in L.R. Dag no. 1144 being Plot No. 1475/1568 situated in front of Plot No. 202. The petitioner was aggrieved by the action on the part of the authorities in colluding with the respondent no. 7 and in giving the respondent no. 7 temporary settlement of the land which was earlier settled in favour of the petitioner.
(3.) The petitioner filed a writ petition being W.P. no. 1533 (W) of 2016 before this Court which was disposed of by an order dated June 28, 2016, with a direction upon the respondent authorities particularly the Zilla Parishad to allow the petitioner to participate in any process in the event there was any allotment of the land and further directed that the Zilla Parishad should follow a transparent procedure and pass an reasoned order on all future allotments. The aforesaid order of this Court was communicated to the respondent no. 3 by the learned Advocate of the petitioner.;