In the case of Shib Deo Singh v. State of
Punjab reported in AIR 1963 SC 1909, such a course has also
been held to be a permissible course for correcting a wrong
order.
In my view, the objection is not well founded. The writ petition
is maintainable in view of the decision of the Hon'ble Supreme
Court reported in 1963 SC 1909 (Shiv Deo Singh vs. State of
Punjab and Others). The objection, therefore, stands overruled.
Having heard Mr. Roy, learned Advocate for the petitioners,
Mr. Pan, learned Advocate for the private respondent and Mr.
Sengupta, learned Advocate for the State, I dispose of the writ
petition with the observation that the petitioners shall not be
evicted on the basis of the aforesaid order dated 26th March, 2012.
However, the proceedings initiated against them under the Act shall
be brought to its logical conclusion in accordance with law and if
an order of eviction is passed, the same may be implemented, also
in accordance with law.