Debasish Kar Gupta, J. - (1.) This writ application is directed against a public notice issued by the Maheshtala Municipality (Annexure P-6 at page 47 to this writ application). By virtue of the impugned notice, the unauthorised encroachments of the Government property lying and situated at Budge Budge Trank Road from Bata More to Zinjira Bazar were directed to be vacated.
(2.) Two writ petitioners filed this writ application for following prayers: "(a) Grant Kind leave be granted to move this application as urgent one dispensing with service of notice as well as service of copy of the writ petition upon the respondents as provided n Rule 26 of Rules relating to an application under Article 226 of the Constitution of India; (b) Issue a Writ in the nature of Mandamus directing the Respondent municipality and/or their men, agents or subordinates and each one of them not to give effect to the impugned notice of eviction (Annexure P-6 herein), which was affixed on the wall of the either side of Budge Budge Trank Road from Bata More towards Zinjira Bazar, Police Station-Maheshtala; (c) Issue a Writ in the nature of Mandamus directing the Respondent especially the respondent No. 5 and/or its men, agents or subordinates and each one of them to take necessary steps for providing alternative place to the petitioners for running their business; (d) Issue a Writ in the nature of Mandamus directing the Respondent authorities to pay fair compensation to the petitioners in case of acquisition of the plot being No. 66/948, appertaining to Khatian No. 1277 of Mouza-Gopalpur, J.L. No. 1, District-South 24 Parganas; (e) Issue a writ in the nature of Certiorari directing the respondents and/or their men, agents or subordinates to transmit all relevant records pertaining to this case before the Hon'ble Court so that conscionable justice may be done after perusing the same; (f) Rule NISI in terms of prayers (b), (c), and (d) as above; (g) Pass ad interim order directing the Respondent Municipality and/or their men, agents or subordinates and each one of them not to give effect to the impugned notice of eviction (Annexure P-6 herein), which was affixed on the wall of the either side of Budge Budge Trank Road from Bata More towards Zinjira Bazar, Police Station - Maheshtala, till the disposal of the instant writ petition; (h) Interim order do issue in terms of prayer (g) as above; (i) Any such other or further order or orders, direction or directions as to Your Lordships may deem fit and proper."
(3.) This Court is putting questions repeatedly to Mr. Suman Sankar Chattopadhyay, learned Advocate appearing for the petitioners, with regard to maintainability of these prayers pointing out the contradictions in the aforesaid prayers. It is submitted by him that this writ application was taken up by another learned Single Judge and an order was passed on July 24, 2017 directing the District Magistrate, South 24-Parganas, to submit a report in this matter. It is also submitted by him that unauthorised encroachment at the instance of the petitioners has already been removed but the contention of the report prepared by the above District Magistrate is not known to him. In the event a true copy of the above report is handed over to him, he will be at liberty to deal with the same by way of filing an application taking exception to the above report and to file supplementary affidavit to this writ application for consideration of the Court so far as the status of the petitioners are concerned. However, the queries which fell from the Court remain unanswered due to the above submissions made by Mr. Chattopadhyay.;