S.B. Sinha, J. - (1.) The writ petitioners, who are said to have acquired an interest in the property purported to be on the basis of an order granting probate in respect of a Will executed by one Chanda Bal who died on 2.9.1975, have filed this writ application, inter alia, on the ground that in the earlier writ application filed by the respondent No. 4. the petitioner was not made a party and in the said writ application the question as regards non -compliance of the requirements of Chapter VII of the Land Acquisition Act, 1984 had not been taken. It appears that a notification of acquisition was issued in the year 1946. Several writ application had been filed by the owner of the land as also by the tenants. The said writ applications having been disposed of. the respondent no. 4 filed a writ petition praying for a direction upon the State to hand over possession of the lands in question. The said writ petition being Writ Petition No. 1285 of 1996 appeared before Rama Pal, J. and by an order dated 1st August, 1996 the said application was disposed of with the following direction : - None appears on behalf of the added respondents in this writ petition No. 1285 of 1996 (who are also the writ petitioners in W.P. No. 5478 of 1987 and which is being heard and disposed of simultaneously with W.P. No. 1285 of 1996). Writ Petition No. 5478 of 1987 is accordingly dismissed and all interim orders are vacated. As there is no further impediment to the State Government's giving the writ petitioner in W.P. No. 1285 of 1996 vacant possession as prayed for. W.P. No. 1285 of 1996 is allowed and the respondents are directed to make over vacant possession of premises No. 26/ 2. Sir Hariram Goenka Street, Calcutta and premises nos. 387, 388 and 390, Upper Chitpur Road (now renamed as Rabindra Sarani), Calcutta, to the petitioner no. 1 within a fortnight from date. The respondents will be entitled to take police help for the purpose of implementing this order As against the said order, an appeal was taken by Sri Jugal Kishore Singhee and others who are petitioners in this writ application and by an order dated 16th August, 1996 the said appeal was also dismissed. The Learned Counsel appearing on behalf of the petitioners has drawn my attention to a letter dated 23.10.96 written by one Girish Chandra as contained in Annexure T to the writ application from a perusal whereof it appears that the petitioners not only filed this writ application but also filed a Special Leave Application.
(2.) According to the Learned Counsel, in view of the aforementioned letter, the Supreme Court has granted leave to pursue this writ application. The order of the Supreme Court of India has not been annexed, but a copy thereof has been handed over to this Court. From a perusal of the order passed by the Supreme Court, it appears that the Special Leave Petition was dismissed as withdrawn. In this view of the matter, this Court cannot infer from the aforementioned letter dated 23.10.96 that the aforementioned Special Leave Application was permitted to be withdrawn so that the petitioners can take proper proceedings in the High Court by way of a writ petition. Keeping in view the fact the matter now stands concluded by different orders passed by this Court and further in view of the fact that in the aforementioned writ petition No. 1285 of 1996 the question of validity of the acquisition was not in issue and further in view of the fact that the appeal preferred as against the said order has been dismissed and the Special Leave Petition filed by the petitioners has also been directed to be withdrawn, I am of the opinion that no writ application can be entertained at this juncture and particularly in view of the fact that this Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue a writ against the High Court.
(3.) In any event in view of dismissal of several writ petitions at the instance of the owners as well as dismissal of the appeal of the petitioner, this writ application must be held to be barred under the principles of constructive Res -Judicata.;