- (1.) THE Court : The petitioners in this WP under art.226 of the Constitution of India dated March 11, 2011 are seeking the following principal relief:- "a) A Writ in the nature of Mandamus by showing cause the respondents, their officers and their sub-ordinates why the petitioners' application dated 15.9.2010 shall not be disposed of inaccordance with law forthwith which was filed by the petitioners as per direction of the Hon'ble High Court, dated 9.7.2010 in W.P.No. 17640(W) of 2009 and further showing cause the respondents why the illegal and unauthorised encroachment and/or construction made by the private respondents No. 6 and 7 shall not be removed from the petitioners' land as well as proforma ­respondents' lands including the pathway immediately."
(2.) THE first petitioner filed a suit against the sixth and the seventh respondents on June 20, 2007. The suit was for declaration and injunction. The sanction granted by the Municipality to the sixth and seventh respondents to erect the building in question was referred to in the plaint. The petitioners made a complaint that the sixth and the seventh respondents were erecting unauthorised constructions. On the basis of the complaint the Chairman of the Midnapore Municipality issued a notice (WP p.19) under s.220 of the West Bengal Municipal Act, 1993. A copy of the notice was sent to the petitioners on July 4, 2007. Then the petitioners moved a WP No.26639 (W) of 2007 dated December 11, 2007. They prayed for a mandamus commanding the authority of the Municipality to demolish the constructions erected by the sixth and seventh respondents. Mr Sikdar appearing for the Municipality has produced an order dated July 29, 2008 issued by the Chairman of the Municipality to the sixth and the seventh respondents that since they had demolished "the sun-shed as demarcated" by the Municipality, they were free to erect the constructions according to sanction.
(3.) MR Sahoo appearing for the sixth and seventh respondents has submitted that the WP No.26639 (W) of 2007 was dismissed for non-appearance of the petitioners therein by an order dated September 10, 2008. Then the petitioners moved another WP No.17604(W) of 2009 dated September 23, 2009 seeking a mandamus commanding the authority of the Municipality to take steps for demolition of the constructions erected by the sixth and seventh respondents. By an order dated July 9, 2010 (WP p.36) the WP was disposed of.;