Manas Ranjan Hazra vs Namita Barman & Ors.

Let the affidavit of service filed in Court today in respect of both the appeals be taken on record. In Re: CAN 1275 of 2017

After considering the submission made by the learned advocate for the appellant and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown to explain the delay in filing the appeal and as such, the delay is condoned.

The application for condonation of delay, being CAN 1275 of 2017 is accordingly allowed.

In Re: MAT 164 of 2017

With

CAN 1276 of 2017

And

MAT 162 of 2017

With

CAN 1300 of 2017

By consent of the parties, both the appeals are treated as on day''s list and taken up for consideration along with the respective applications for stay.

The two appeals arise out of orders passed in WP 12277 (W) of 2016, (Namita Barman v. the State of West Bengal & Ors.). The first order is dated 25th July, 2016 and the second order is dated 6th January, 2017. The appellant before us was the private respondent no.7, before the writ Court.

Even a bare perusal of the order dated 25th July, 2016, reveals that the writ petition is yet to be disposed of and the learned Single Judge has issued directions for filing of affidavits and passed a limited interim order in terms of prayer (f) of the writ petition, which was extended till the final disposal of the writ petition by the subsequent order dated 6th January, 2017.

Unless palpable infirmities or perversities are noticed, ordinarily no interference is warranted in an Intra-Court Mandamus Appeal, especially against any interim order passed by a learned Single Judge. There is no such noticeable palpable infirmities or perversities in the two interim orders impugned before us. As such, we do not propose to interfere with the same. However, we request the learned Single Judge to hear out and dispose of the writ petition as expeditiously as possible - subject, of course, to the business of the Court permitting - since several points, as sought to be urged before us by the appellant, are required to be gone into at the time of final hearing of the writ petition.

Both the appeals and the connected applications for stay stand accordingly disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.