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Judgment
9 paragraphs · 260 wordsThe present interlocutory application has been filed for adding the following prayer in the writ petition.
"For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 28.05.2017 passed by the Respondent no. 3 wherein the Respondent No. 3 has held that the Petitioner No. 2 has encroached 4.25 decimals of land."
The learned Senior Counsel for the petitioners submits that the order dated 28.05.2017 which is sought to be challenged by the writ petitioners was never served to them. The petitioners came to know about the existence of order dated 28.05.2017 only after filing of the counter-affidavit on behalf of the respondent-State. In such circumstance, the order dated 28.05.2017 passed by the respondent no. 3 may be allowed to be challenged in the present writ petition.
Mr. Atanu Banerjee, the learned GA, does not have any objection if the order dated 28.05.2017 passed by the respondent no. 3 is allowed to be incorporated as prayer in the writ petition, however, he submits that the order dated 28.05.2017 passed by the respondent no. 3 is appealable in nature.
Considering the said circumstance, the petitioners are allowed to incorporate the aforesaid prayer in the writ petition.
The learned counsel for the petitioners is directed to carry out necessary insertion in the relevant part of the writ petition within a week.
I.A. No. 7349 of 2017 is accordingly disposed of.
W.P. (C) No. 3108 of 2017 Put up this case on 29.11.2017.
Till then, interim order dated 15.06.2017 shall continue.