Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of an order dated 9th January, 2018, passed by a learned Single Judge in WP 25992 (W) of 2015 (Maya Debi (Shaw) & Anr. vs. The State of West Bengal & Ors.). By the said order, the writ petition was dismissed for such reasons as stated therein.
(3.) For convenience, the entire impugned order is reproduced hereinbelow:- "This writ petition is filed by the petitioners for a construction by encroaching upon the land of the petitioners lying and situated at 1703, K.D. Road, Gwalaphatak, Ward No.11 under Naihati Municipality, West Bengal, PIN 743 166. In compliance of an order passed in connection with this writ petition a status report has been filed by the respondent Municipality before this Court. From the above status report, I find that the place where the alleged construction has been made belonged to the Public Works Department, Government of West Bengal. According to the respondent Municipality, the construction has been made on a land belonging to the Public Works Department, Government of West Bengal. In view of the above, the disputes with regard to the right and title over a property on which the alleged construction has been made is to be decided. It cannot be decided by a Court sitting in writ jurisdiction. It is within the domain of a Civil Court having appropriate jurisdiction to declare the right and title of the petitioners on the property in question. In that view of the matter, this writ petition stands dismissed. This order, however, will not preclude the petitioners from approaching the appropriate forum of law for redressal of their grievances. There will be, however, no order as to costs.";