- (1.) 1. "And an appellate power interferes not when the order appealed is not right but only when it is clearly wrong. The difference is real, though fine".
(2.) Applying the litmus test set out by V.R. Krishna Iyer, J. more than two decades ago while speaking for the majority view in Gujarat Steel Tubes Ltd. Etc. v. Gujarat Steel Tubes Mazdoor Sabha and Ors., reported, 1980 AIR(SC) 1896, we will be required to absorb the impact of the decision tendered by Dipankar Datta, J. in Mukul Biswas v. State of West Bengal and Ors W.P. 13489 (W) of 2010 on 29.6.2010 in this intra Court appeal.
(3.) In contemplation of our exercise thereof we must not lose sight of the fact that afterall we are performing nothing else but the extended power of Judicial Review already undergone before the first stage. Even though technically before us is a Mandamus Appeal, our area of decision obviously would be confined to a very narrow conspectus yet in an expanded vision in respect of Judicial Review of executive decision that has been fallen for consideration before the learned Trial Court.;