BISWANATH SOMADDER, J. - (1.) Affidavit of service filed in Court today be kept on record.
(2.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant writ petition, it appears that the writ petitioners are essentially seeking a mandatory order from this Court restraining construction of 'moram' road upon a land which allegedly belongs to the petitioners. It further appears that a village road is being constructed from Gayagiri to Bahitrakunda falling within the jurisdiction of Kushumpur Gram Panchayat in the district of Purba Medinipur.
(3.) The learned advocate for the petitioners has relied on an order dated 25th March, 2009, passed by the Appeal Court in MAT No. 3611 of 2005 and submitted that the concerned panchayat authority had specifically submitted before the Appeal Court that construction has been made following the sketch map and nobody's land has been encroached upon. If that be so, this Court finds no reason as to why the writ petitioners are seeking such mandatory orders restraining the panchayat authorities from constructing the village road over the land falling under their possession. The panchayat authorities categorical statement was recorded by the Court of Appeal in the order dated 25th March, 2009.;