TAPABRATA CHAKRABORTY,J. - (1.) Affidavit of service filed by the petitioners be kept on record.
(2.) The subject matter of challenge in the present writ petition is an order dated 29th May, 2018 passed by the respondent no.2.
(3.) Mr. Banerjee, learned advocate appearing for the petitioners submits that the order impugned has been passed by the respondent no.2 in an appeal petition filed under Section 10(4) of the West Bengal Highways Act, 1964 (in short, the said Act). Such an appeal can only be filed if the person responsible for the encroachment is aggrieved by the order passed by the Magistrate under Section 10(3) of the said Act. The private respondent no.13, thus, could not have filed the appeal under Section 10(4) of the said Act since he is not a person aggrieved.;