- (1.) THE present writ petition has been perferred for the following reliefs: - (a) For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents, particularly nos. 2 and 3, to remove the wall, which has been illegally constructed by respondent no. 4 on Plot No. 737, Khata No. 274, which exclusively belongs to the petitioner and which has been purchased by her under a valid deed of sale from its lawful vendor, namely, Babul Mahto for which mutation has already been completed and receipts have also been issued in the name of the petitioner; and (b) For issuance of a further writ commanding upon the respondents to immediately and forthwith remove the encroachment of the wall which has also blocked the back gate and the entire drainage system of the petitioner causing miserable miseries for the petitioner and his entire family and to impose heavy cost on respondent no. 4 for such misconducts, which has made the life of the petitioner and his family completely miserable.
(2.) THE main contention raised by the learned counsel for the petitioner is that the authorities have chosen not to remove the illegal construction made by respondent no. 4, which has blocked the back gate of the petitioner, even though a report has been given by the Government Amin with regard to the illegal encroachment and construction after due measurement on the direction of the Circle Officer. The property, in question, is not a public land and, thus admittedly the provisions of Public Land Encroachment Act will not apply.
(3.) LEARNED counsel for the petitioner has further submitted that the illegally constructed wall by respondent no. 4 over Khata No. 274 Plot No. 737, which belongs exclusively to the petitioner by virtue of valid deed of sale, be ordered to be removed.;