Jyotirmay Bhattacharya, J. - (1.) This mandamus appeal is directed against an order passed by a learned Single Judge of this Court on 18th September, 2017 in W.P. 24541(W) of 2017.
(2.) Having regard to the fact that the writ petitioners/appellants were found to be encroachers on the roadside land, the order passed by the Sub-Divisional Magistrate, Tehatta, Nadia, which was upheld by the District Magistrate, Nadia by his order dated 7th September, 2017 passed under the provisions of the West Bengal Highways Act, 1964 for removal of the appellants, was not interfered with by the learned Single Judge of this Court.
(3.) We do not find any apparent illegality in the order impugned. The writ petitioners/appellants have been found to be encroachers by a competent authority in a competent proceeding under the provisions of the West Bengal Highways Act, 1964. The said order, declaring the appellants as encroachers on the roadside land under the provisions of the West Bengal Highways Act, 1964, is still in operation. As such, we do not find any justification to interfere with the order impugned. The stay application, being CAN 9705 of 2017 filed in connection with the mandamus appeal, thus, stands dismissed. Since we do not find any merit in this mandamus appeal, the appeal is also dismissed.;