Biswanath Somadder, J. - (1.) Pursuant to this Court's order dated 26th November, 2018, the nonappearing respondents have been duly served. Let the affidavit-in-service filed in Court today in this respect be taken on record.
(2.) It is evident that in spite of service, Taki Municipality remains unrepresented. The respondent no.1/writ petitioner, namely, Sanat Banerjee (Bandopadhyay) also remains unrepresented at the time of second call.
(3.) This appeal has been preferred against an order dated 17th May, 2018, passed by a learned Single Judge in WP 10305 (W) of 2015 (Sanat Banerjee (Bandopadhyay) vs. Taki Municipality & Ors.). By the said order, the learned Single Judge passed an interim order while keeping the writ petition pending for final hearing upon exchange of affidavits. The interim order and/or directions of the First Court are reproduced hereinbelow:- "Since the respondents have not appeared I cannot finally dispose of the writ petition today, I, in the above premises, make an interim order to the following effect the fencing as constructed by the municipality shall be broken down and removed from the land of the petitioner with the help of adequate police assistance to be provided for by the Superintendent of Police, North 24 Parganas and the inspector in-charge of Hasnabad police station who is the respondent no.4 in the writ petition. If necessary, adequate amount of police help shall be given along with all necessary force to ensure that such depredation on the lands of a citizen ceases. It is needless to mention that if the writ petitioner requires then in addition thereto a police picket shall be placed around the land in question so that the municipality cannot come back into it. There shall be further direction restraining the municipality and each of the respondents or the men, agents, servants, staff, employees, subordinates, authorities and/or each and/or any of them and/or any one claimed thereunder from entering upon and/or disturbing and/or obstructing the peaceful possession of the petitioner in respect of the said land.";