NILIMA MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of unsuccessful writ petitioners and is directed against the order dated 4th july, 1985 passed by a learned Single Judge of this Court by which His lordship dismissed the writ application filed by the appellants in the absence of their learned Advocate by holding that the writ petitioners had alternative remedy by answering the show-cause notice before the appropriate forum.

(2.) IN the writ application, the writ petitioners challenged the notices dated 3rd March, 1985 and 5th March, 1985 issued in the names of the two writ petitioners under Section 4 (1) of the Public Premises (Eviction of unauthorised Occupants) Act,1971 served by the Estate Officer, the respondent No. 5.

(3.) INSTEAD of answering those two notices as provided in the said Act, the writ-petitioners straightway preferred the application under Article 226 of the Constitution of India by relying upon the judgment and decree dated 27th november, 1984 passed by the 1 st Court of Munsif, Ranaghat in Title Suit no. 225 of 1983 by which the right, title and interest of the writ petitioner no. 1 in respect of the disputed property was declared and the State-respondents were restrained from disturbing the peaceful possession of the plaintiff in the property.