Jyotirmay Bhattacharya, J. - (1.) The instant Mandamus Appeal is directed against an order dated 9th November, 2017 passed by the learned Single Judge of this Court in the writ petition being W.P. No. 26269(W) of 2017 filed by the writ petitioner.
(2.) By the impugned order the writ petition was disposed of by directing the authorities under the West Bengal Highways Act, 1964 to remove the encroachment made by the writ petitioner on the roadside land of the highway within four weeks from the date of the order. The said order was under challenge in this mandamus appeal on the various grounds, by the private respondent nos. 9 to 13/appellants.
(3.) Mr. Chakraborty, learned advocate, appearing for the appellants submits that the provisions of the West Bengal Highways Act, 1964 cannot be invoked without demarcating the land by the authorities under the said Act. He has drawn our attention to the impugned order wherein it was recorded that some confusion was there with regard to demarcation which was likely to be removed very shortly.;