LIANG MIAO SHENG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Dismissal of a writ petition [W.P. 518 of 2016] by a learned Judge of this Court was challenged by the unsuccessful writ petitioners in an intra-Court writ appeal [A.P.O. 542 of 2017]. The appeal was heard by an Hon'ble Division Bench of this Court. A difference of opinion between the two Hon'ble Judges led to placement of the file before the Hon'ble the Chief Justice. An administrative order dated September 28, 2018 of His Lordship has given rise to the present reference.

(2.) The order of reference does not indicate the exact points on which the learned Judges differed; however, perusal of the judgments rendered by Their Lordships makes it clear that there were two broad points on which the learned Judges differed. On the basis of my understanding of the pleadings and the several orders passed by this Court from time to time, I perceived the following questions to emerge for answers:

(3.) I place on record that the parties were ad idem in course of hearing that the aforesaid two questions reflect the real controversy and would require answers from me as the referee Judge.