JUDGMENT : BISWANATH SOMADDER, J. 1. This appeal has been preferred against an order dated 17th July, 2018, passed by a learned Single Judge in WP 10626 (W) of 2018 (Swaranika Cooperative Housing Society Ltd. Vs. Kolkata Municipal Corporation & Ors.) 2. Even a bare perusal of the order impugned reveals that the rights of the parties are yet to the adjudicated by the First Court. The question of maintainability of the writ petition has been kept open. The parties have been directed to exchange affidavits and the matter (i.e., the writ petition), was directed to be listed in the monthly list of September, 2018, under the heading, “For Hearing”. 3. We do not notice any palpable infirmities or perversities in the impugned order, which would warrant any interference in an Intra-Court Mandamus Appeal. 4. At the time of hearing of the matter, we have been informed that Kolkata Municipal Corporation is yet to file its affidavit. We, therefore, direct the concerned authority of Kolkata Municipal Corporation to file a report in the form of an affidavit within a fortnight from date before the First Court stating therein specifically as to whether the allegations made in the writ petition have any basis or not. This direction is peremptory in nature and once such report in the form of an affidavit is filed in terms of this order, the First Court shall consider the same and decide the writ petition on its merit after hearing all the parties concerned. 5. The maintainability point, which has been kept open in the order dated 17th July, 2018, shall be decided at the time of final hearing of the writ petition. 6. We, however, make it clear that during the pendency of the writ petition if any construction is made by the respondent nos. 8 to 11 herein, in terms of the sanctioned plan dated 20th July, 2017 - as noted by the learned Single Judge in the order dated 17th July, 2018 - the same shall abide by the result of the writ petition. 7. The appeal and the application for stay stand disposed of accordingly. Arindam Mukherjee, J. : I agree.