JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. The petitioner herein is aggrieved by an order dated 14th September, 2018 passed by learned District Judge, Purba Medinipur in Miscellaneous Appeal no. 15 of 2013 filed under The Public Premises (Eviction of Unauthorized Occupants) Act 1971 (in short of Act of 1971), which was preferred by the opposite party herein. By the order impugned the court below set aside the order of the Estate officer dated 30th June, 2006 by which the Estate Officer while disposing an application under section 7 of the Act of 1971, awarded a sum of Rs. 7,06,196/- towards arrear of rent for the period from December, 1991 to 16.05.1999 along with 7.25% interest per annum upon the said amount and further awarded a sum of Rs. 24,79,540/- towards damages for unauthorized occupation of the public premises for the period from 17.05.1999 till 16.03.2006 along with simple interest @ 7.25% per annum on the said amount.

2. Initially opposite party herein challenged the aforesaid order of the Estate Officer in a writ petition before this court being WP 16552(W) of 2006 and a co ordinate Bench of this Court by an order dated 11.06.2008 was pleased to set aside the order of the Estate Officer. The petitioner herein being aggrieved by the aforesaid order filed a Mandamus Appeal being FMA No. 80 of 2011 and a Division Bench of this court by an order dated 06.03.2013 was pleased to set aside the order passed by learned Single Bench on the ground that there is adequate alternative remedy by way of appeal and the respondents were given liberty to avail benefit of section 14 of the Limitation Act.

3. The opposite party herein accordingly preferred appeal before the District Judge, Purba Medinipur under section 9 of the Act of 1971 being aforesaid Misc. Appeal no. 15 of 2013 against the aforesaid order of Estate Officer dated 30.06.2006. By the impugned order learned court below set aside the aforesaid order of Estate Officer dated 30.06.2006.

4. Before going to further details relevant dates may be reproduced below for the sake of convenience and gravity of the discussion.:-

01.03.1979 - The opposite party herein was granted lease in respect of a land measuring about 2023.427sq.mt. in Haldia for a period of 30 years w.e.f. 1st March, 1979 at agreed rent as contained in office letter bearing no. 1/E/121/1057 dated 29.07.1978

30.04.1979 - Opposite party took possession of demised leased land

13.11.1998 - Petitioner issued ejectment notice to the opposite party for breach of terms of allotment and lease and were advised to quit and vacant by 16.05.1999.

22.02.2000 - The Estate Officer passed an order under the Act of 1971 directing the opposite party herein to vacate the said leased property within15 days from such order.

14.03.2000 - The opposite party claims to have surrendered possession pursuant to aforesaid order passed by the Estate Officer

28.05.2005 - The opposite party was served with a notice under section 7 of the Act of 1971 claiming arrears of rent and damages.

27.01.2006 - A follow up notice under section 7(3) of the Act of 1971 was issued to the opposite party.

10.02.2006 - The opposite party herein wrote a letter informing that they have surrendered the demised leased land on 14.03.2000 and no due is payable or even if any amount is payable, the same is barred by limitation.

22.02.2006 - The Estate Officer pursuant to his order and in exercise of his power under section 5(2) of the Act of 1971 took vacant possession of demised lease land of the opposite party.

28.02.2006 - The Estate Officer handed over possession of demised land to the petitioner herein.

03.05.2006 - The opposite party herein requested the petitioner herein to withdraw its demand of arrear rent and damages.

30.06.2006 - The estate officer passed the abovementioned order awarding arrear rent and damages along with interest invoking his power under section 7(1), (2), (2A) of the Act of 1971 read with Rule 8 of Public Premises (Eviction of Unauthorized Occupants) Rule 1