Mir Dara Sheko, J. - (1.) Since pursuant to an order dated November 29, 2017 this writ petition is heard simultaneously with WP No.11484(W) of 2007 which is disposed of just now, upon hearing Mr Bose appearing for the private respondents and Mr Atarup Banerjee assisted by Mr Baidya representing the writ petitioners and also Mr Lahiri for the State, the matter is also taken up for disposal on merits.
(2.) The text of the instant writ petition virtually is the replica up to paragraph no.11 of earlier WP No.11484(W) of 2007. As it is apprised by Mr Atarup Banerjee for the writ petitioners that this writ petition has been filed since the private respondents were trying to start construction of "building encroaching the portion of land of the said public road without having any sanction building plan." Mr Banerjee submitted that taking wrong recorded mouza map, on which the WP No.11484(W) of 2007 has been disposed of, the private respondents, being the owners of the land situates just opposite to the land of the writ petitioners pertaining to the plots no.163/339 and 163/341 had encroached on the portion of public road by raising constructions.
(3.) Mr Bose in the tune of the affidavit-in-opposition submitted that there was no question of starting any construction over any public road, rather the private respondents raised constructions upon their own plot wherein a homeopathy dispensary was being operated, and that said construction since was lying there since 1980 for which, of course, there was post facto approval of the gram panchayat. According to him, the instant writ petition should be dismissed.;