- (1.) The petitioners who are owners of a restaurant known as 'Ashoka Restaurant and Bar' and carry on bisiness at 3B, Jawaharlal Nehru Road, Calcutta have filed this application, inter alia, for issuance of a writ of or in the nature of Mandamus directing the respondents to pull down any portion of the parties and from making any construction of any nature whatsoever in front of the said shop.
(2.) The basic fact of the matter is not in dispute.
(3.) The Union of India, Ministry of Railways, is required to construct a sub-way under the Jawaharlal Nahru Road, in front of Metro Cinema Hall for the purpose of running Metro Railway in the town of Calcutta. The petitioners contend that the said sub-way constructed on the foot path in front of their shop will clearly ruin the business of the petitioners.;