BHASKAR BHATTACHARYA, J. :- This Mandamus-Appeal is at the instance of a writ-petitioner and is directed against order dated 15th September, 2006, passed by a learned single Judge of this Court in the Writ Petition No. 1589 (W) of 2006, thereby vacating the interim order earlier granted by His Lordship.

2. The appellant before us filed the aforesaid writ-application thereby praying for quashing the demand of the respondent contained in a letter dated 28th April, 2006 for relinquishing possession of the acquired land, being Annexure P-12 to the writ-application and for restraining the respondents from erecting or installing any Toll-Plaza within the area of Matidhar Tea Estate belonging to the writ petitioner and from interfering with the possession of the writ-petitioner in the said tea-estate. The writ-petitioner further prayed for cancellation of the notifications dated 27th May, 2005 and 22nd November, 2005 issued under the National Highways Act (hereinafter referred to as the Act) so far as the serial No. 5 thereof, relating to the tea-estate of the writ petitioner and for a direction upon the respondents not to take any step or further action on the basis of those noti