is 20 ft. or so. The respondents 3 and 4 arrived at a conclusion, the petitioner and other people are encroachers and going to measure the properties with the help of Police etc., at the instigation of the 5th respondent herein. Under such circumstances, the 2nd petitioner preferred an Appeal against the order dated 22.07.2021 by the 3rd respondent herein before the 2nd respondent herein on 05.08.2021. In spite of the appeal pending before the DRO/the 2nd respondent herein, the 3rd respondent/RDO predetermined the issue that the lands are road Poramboke and proceeds under Section 4 of the Public Premises Act by its order dated 22.07.2021. The 5th respondent is unable to secure order in the Civil Court, suppressing the pendency of the suit, filed the frivolous public interest litigation. However, the Division bench of this Hon'ble Court to safe-guarded the interest of the parties concerned passed a non-committal order. But unfortunately, the 3rd respondent/RDO, totally in support of the 5th respondent/Rice Mill owner, is attempting to disturb their possession and enjoyment of the properties as encroacher. Hence, the 2nd petitioner and other members filed an appeal before the 2nd respondent herein on 05.08.2021, even during the pendency of the appeal, the 2nd respondent herein proceeded with the matter further. Hence, this petitioners have filed the present Writ petition to issue Writ of Mandamus forbearing the respondents 1 to 4 in disturbing their possession and enjoyment of the properties till disposal of the appeal petition dated 05.08.2021 pending before the 2nd respondent herein.
