Jyotirmay Bhattacharya, J. - (1.) This mandamus appeal is directed against an order passed by a learned Single Judge of this Court on 14th December, 2017 in a writ petition being W.P. 27475(W) of 2017 filed by the writ petitioner/appellant. A dispute relating to exercise of the easementary right over a strip of land claimed to be a passage was sought to be resolved by the writ petitioner/appellant by filing a writ petition. The learned Single Judge dismissed the said writ petition by holding that the dispute which is raised in the writ petition is of such nature which can only be decided by a competent court after taking further evidence. In our view, a dispute relating to exercise of the easementary right over a passage can only be resolved before the civil court, as for resolution of such dispute, evidence is required to be taken.
(2.) Since such dispute cannot be conveniently resolved by the writ court, we hold that the learned Single Judge was justified in rejecting the writ petition. We do not find any merits in this appeal. The appeal, thus, stands dismissed.
(3.) In view of dismissal of the appeal in the manner as aforesaid, no further order need be passed on the stay application. The said application being CAN 11994 of 2017 is deemed to be disposed of.;