Jyotirmay Bhattacharya, A.C.J. - (1.) The writ petition which was filed by the writ petitioners/appellants before the learned Single Judge was founded on two fold causes of action, viz., i) The private respondent is running an unauthorised brick field without taking appropriate licenses and/or permissions from the concerned authority; and ii) by dispossessing the writ petitioners/appellants from the land in question on which such brick filed business is being carried on by the private respondents.
(2.) The learned Single Judge held that the dispute relating to alleged dispossession of the writ petitioners/appellants by the private respondents is a civil dispute which cannot be decided by the Writ Court. Accordingly the learned single Judge dismissed the said writ petition with a rider that the order of dismissal of the writ petition will not bind the respondent authorities from taking steps against the private respondents, if such business is found to be carried on unauthorisedly.
(3.) The legality and/or correctness of the said order passed by the learned Single Judge in the said writ petition, is under challenge in this Mandamus Appeal before us.;