BAY ISLANDS HOTEL LTD Vs. TAHASILDAR

JUDGEMENT

(1.) This mandamus appeal is at the instance of a private respondent in an application under Article 226 of the Constitution of India and is directed against the order dated March 26,2007 passed by a learned Single Judge of this Court thereby disposing of the said writ application by setting aside the order dated October 04, 2006 passed by the Sub-Divisional Officer in FRA No. 11 of 2006 and directing the Sub-Divisional Officer to hear out the appeal afresh.

(2.) Being dissatisfied, the respondent No.4 of the writ application has come up with the present appeal.

(3.) Mr. Mukherjee, the learned Advocate appearing on behalf of the appellant, has severely criticised the order passed by the learned Single Judge on the ground that although in the writ application, the writ petitioner did not challenge the said order dated October 04, 2006 , the learned Single Judge acted beyond the scope of the writ application in setting aside the said order.