Debasish Kar Gupta, J. - (1.) This writ application has been filed by the petitioners alleging inaction on the part of the respondent Municipal Corporation in taking steps with regard to the alleged unauthorized construction raised at the premises in question by the respondent Nos.6 to 8.
(2.) According to the petitioners, a representation dated March 28, 2017 has already been submitted before the respondent Municipal Corporation but they are sitting tight over the matter.
(3.) At the very outset, a preliminary objection has been raised by the learned Advocate appearing on behalf of the respondent Nos.6 to 8 with regard to maintainability of this writ application due to pendency of a civil suit bearing Title Suit No.643 of 2017 pending before the learned 2nd Civil Judge (Jr. Division) at Howrah. According to him, a civil suit has already been filed during the pendency of this writ application on the self-same cause of action. According to him, in the representation dated March 28, 2017, the allegation of the petitioners is not to let out the required space in between the premises in question and that of the private respondents and attempt to encroach upon the vacant portion of the land lying and situated in between the aforesaid two premises. In the aforesaid title suit, the subject matter of challenge is also raising of an unauthorized construction at their instance at the premises in question.;