JUDGMENT :

Arijit Banerjee, J.

1. This appeal is directed against a judgment and order dated June 28, 2018, passed by a learned Single Judge whereby the appellants’ writ petition being WP 23340 (W) of 2017 was dismissed.

2. The appellants claim to be the owners of two plots of land which were originally within the Jadavpur Municipality. The two plots being RS plot no. 126/165 and 124/167 measure in excess of 35 acres. The appellants submitted before the learned Single Judge as also before us that the private respondents have set up a private market on their land without obtaining sanctioned plan for the buildings which have been constructed or requisite permission of Kolkata Municipal Corporation (in short “KMC”) under section 428 of the Kolkata Municipal Corporation Act, 1980 (in short the ‘the KMC Act’). They submitted that a representation was made by them to KMC regarding the unauthorized construction and running of the private market from their land. Since the KMC Authorities failed to address their grievance, they were constrained to file a writ petition being WP No. 25492 (W) of 2016.

3. The said writ petition was disposed of by a learned Single Judge by a judgment and order dat