JUDGMENT Ajoy Nath Ray, J.: On 7.10.99 the writ court did not pass an interim order in aid of the writ. On 28.1.2000 the Division Bench of our court did grant an interim order but, and it is with this part of this order that we are the most concerned today, directed on consent of parties that the writ application itself be listed for consideration along with the appeal from the refusal of the interim order. 2. It is our clear opinion that the parties could not by consent confer upon the Division Bench jurisdiction which it does not otherwise possess. A writ application under Article 226 of the Constitution of India is invariably to be heard by an Hon'ble Single Judge of this High Court, in the first instance; the Division Bench cannot dispose of a writ application as a Court of first instance, it can only sit in appeal. 3. We are aware that in certain matters like the Sanchaita matter and the Green Bench matters, a Division Bench directly gives authority for issuance of prerogative writs; but this is done on the basis of a joint authority derived by the Division Bench from the Constitution and a special mandate of the Hon'ble Supreme Court of India. 4. Where there is no such mandate a Division Bench would be usurping the jurisdiction of a Single Bench, were it to dispose of writs in the first instance, even if that be done by consent of parties. The usurpation would be as bad as, say, a Division Bench on the Original Side seeking to dispose of suits as the court of first instance and thus going ahead with the usually unheard of appellate procedure of discovery, inspection and witness examination all by itself. 5. Thus, the appeal is disposed of with this direction that the interim order already granted by the Appellate Court will continue until the writ matter is disposed of by the competent authority according to law, or until such authority sees fit to amend, alter or vary the interim order, upon just and legal materials. The order to hear the writ itself passed by the Division Bench on 28.1.2000 is without jurisdiction and is recalled. 6. Urgent xerox certified copy of this order, if applied for, be given as expeditiously as possible. S.N. Bhattacharjee, J.: I agree. Appeal dismissed of with direction.