AJIT SAMADDER ALIAS BABLU SAMADDER v. PRABHAT KUMAR CHATTOPADHYAY
2019-03-20
ARINDAM MUKHERJEE, BISWANATH SOMADDER
body2019
DigiLaw.ai
JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 7th March, 2019, passed by a learned Single Judge in WP 5077 (W) of 2019 (Prabhat Kumar Chattopadhyay vs. The State of West Bengal & Ors.). 3. By the impugned order, the learned Single Judge has posted the writ petition for further consideration on 26th March, 2019 and has also issued certain directions, which includes submission of a report by the Officer-in-Charge of the local Police Station. 4. The appellant before us is the private respondent nos. 8 and 9 in the writ proceeding. 5. In an Intra-Court Mandamus Appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts of the instant case, we do not notice any such palpable infirmity or perversity on a plain reading of the impugned order. That apart and in any event, the impugned order has been rendered with cogent and justifiable reasons and is purely interim in nature. 6. We are, therefore, of the view that the appellants herein are at liberty to raise all the issues which they have sought to be raised before this Court - including an opportunity to use an affidavit - before the learned Single Judge, when the matter is taken up for consideration by the writ Court. 7. With the above observations, the appeal and the application for stay stand disposed of accordingly. Arindam Mukherjee, J. : I agree.