JAYANTA KUMAR BISWAS,J. - (1.) The CAN has been filed for restoration of the WP under Article 226 dated November 28, 2011. The WP was dismissed for non-appearance of the petitioners.
(2.) After hearing counsel for the petitioners, I am of the view that the CAN should be allowed and the WP should be restored to file. Since I have determination to take up the WP that was dismissed at the motion stage, I have invited counsel to argue the case, and, accordingly, he has argued.
(3.) The petitioners are seeking the following principal relief: "a) Issue a writ of or a writ in the nature of Mandamus commanding the respondent no.3 to take steps as per law on the basis of the complain dated 6.8.2011 (Annexure P-2) so that the petitioners and their associates, engineers etc. to have free ingress and egress to their own land situated at Mouza - Dakshin Behala Touzi No. 351 within South Suburban Municipality at present under K.M.C. measuring about 3 Cottah, 8 Chittacks 14 Square feet more or less and the main front grill gate may be obstructed in any manner by anybody without any due process of law.";