Manisha Giri & Anr. vs The State of West Bengal & Ors.

Let the affidavit of service filed in Court today be taken on record.

The instant appeal preferred by the appellants, who are the writ petitioners before the learned Single Judge, arises out of an order passed by the learned Single Judge on 21st February, 2017, in WP 1336 (W) of 2017 (Manisha Giri and another v. The State of West Bengal and others), which reads as follows:- "Mr. Amitesh Banerjee, learned counsel for the State-respondents has submitted the background of termination of lease of the present petitioners in connection with land in question.

The respondent no.4 is directed to submit a report in the form of an affidavit within a period of two weeks from this date.

Having heard learned counsel representing both parties and on consideration of the background of filing of this writ petition, I cannot persuade myself to pass an interim order giving any protection to the petitioners at this stage. So, prayer for interim order is refused.

List the matter under the heading "for orders" after expiry of two weeks."

It is evident that the writ petition is yet to be finally disposed of and the matter has been kept "for orders" after expiry of two weeks from the date of the impugned order.

In such circumstances, we do not wish to interfere with the impugned order, since any interference in an Intra-Court Mandamus Appeal is warranted only when the impugned order suffers from palpable infirmities or perversities or is bereft of cogent or justifiable reasons. None of such ingredients being present, the appeal and the application for stay are liable to be summarily dismissed and are accordingly dismissed.

Dismissal of the appeal, however, shall cause no prejudice to the rights of the appellants before the learned Single Judge.

Since it is contended by the appellants that certain third party rights may be created during the pendency of the writ petition, 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 so permitting.