Biswanath Somadder, J. - (1.) Let the affidavit of service filed in Court today be taken on record. On the prayer of the learned advocate for the appellants, leave granted for effecting certain minor corrections in the cause title of the Memorandum of Appeal and the stay application.
(2.) By consent of the parties, the appeal is treated as on day s list and taken up for consideration along with the application for stay. The appeal arises out of a judgment and order dated 8th March, 2017, passed by the learned Single Judge in WP 669(W) of 2017 (Uma Hazra & Ors. vs. The State of West Bengal & Ors.). The appellants herein were the private respondent nos. 5 & 6 before the First Court.
(3.) It appears that while passing the impugned judgment and order, the learned Single Judge did not take into consideration that a Title Suit, being T.S. 463 of 2016, is pending between the appellants on one hand and the respondents/writ petitioners on the other. The civil suit is pending before the 1st Civil Judge (Senior Division) at Howrah. In such a factual backdrop, the learned Single Judge ought not to have issued any mandatory direction upon the Pradhan of Rudrapur Gram Panchayat, Howrah, on the mere plea of the respondents/writ petitioners that the appellants herein were encroaching on their land, being LR plot no.1510.;