(1.) This appeal directed against the order dated 29-9-1997 passed by a single Judge of this Court in W.P. No. 9960(W)/97 projects a disturbing picture where in an ordinary private dispute between the landlord and tenant, the statutory public authority joined hands with one side in deliberate defiance of the Court's order and in brazen violation of the statutory rules thereby causing irreparable loss and injury to other.
(2.) Sri Haripada Khalsa, the writ petitioner/respondent was a tenant under Sri Priya Brata Maity, the appellant, in the disputed premises at Manickchak, Contai, Dist., Midnapore since February, 1975 at a rental of Rs. 150/- per month. Following a dispute between the parties regarding repair works of the tenanted portion of the building and alleged threat of eviction by the son of the landlord, the tenant filed a T.S. No. 134 of 1996 in the Court of 1st Civil Judge, Junior Division at Contai against the landlord and obtained an order for interim injunction on 14-8-1996 restraining the landlord from evicting the tenant from the suit premises till the disposal of the petition for temporary injunction. Sensing that the landlord had been trying to evict him by demolishing the premises through Municipality the respondent-tenant informed the Chairman, Contai Municipality of the order of injunction and by his letter dated 14-3-1997 sent by Regd. Post with A/D which was received by the Chairman. (Annexure 'B' of the affidavit of the petition for appr.. relief). The tenant also moved a writ petition (W.P. No. 9960(W)/97) against the Contai Municipality and its Chairman impleading the landlord for restraining the respondents from demolishing the premises without due process of law. The learned trial Judge disposed of the writ petition ex parte by his order dated 29-9-1997 directing the Municipal authority not to take steps for demolition of the disputed premises without due process of law. The order was communicated to the respondents including the Contai Municipality (Annexure 'A' to the stay petition dated. .........) by the learned Advocate for the petitioner by his letter dated 29-7-1997. On 11-9-1997 respondent No. 5 preferred the instant appeal against that order dated 29-7-1997 and moved the stay petition before the Division Bench of this Court contending, Inter alia, in para 10 thereof :--
(3.) On 23-3-1999 we ordered that keeping in view of the fact that the appeal was once heard and disposed, but the said order was subsequently recalled, no question of grant of any stay arises, at this stage.
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