(1.) This appeal at the instance of the writ petitioner is directed against the judgment and order of dismissal passed by the learned Single Judge in W.P. No. 15635(W) of 2004.
(2.) The writ petition was disposed of by learned Single Judge by dividing success between the petitioner and the respondent No. 4 - in other words deciding main issue of maintainability in favour of the petitioner and passing ultimate order of dismissal in favour of the respondent No. 4 on equitable consideration.
(3.) The petitioner came up with the case that respondent No. 4 had constructed shopping complex on plots No. 1372,1373, 4603 and 4604 of Mouja - Galsi, District - Burdwan. The National Highway Authority of India in short NHAI is owner of plot Nos. 1372 and 1373. The respondent No. 4 encroached upon a portion of the said plots for constructing the shopping complex. In the process of widening National Highways No.2 the NHAI threatened demolition of the said shopping complex to the extent it encroached the land owned by the said NHAI.