Ajoy Nath Ray, J. - (1.) :- On 7.10.99 the writ court did not pass an interim order in aid of the writ. On 28.1.2000 the Division Bench of our court did grant an interim order but, and it is with this part of this order that we are the most concerned today, directed on consent of parties that the writ application itself be listed for consideration along with the appeal from the refusal of the interim order.
(2.) It is our clear opinion that the parties could not by consent confer upon the Division Bench jurisdiction which it does not otherwise possess. A writ application under Article 226 of the Constitution of India is invariably to be heard by an Hon'ble Single Judge of this High Court, in the first instance; the Division Bench cannot dispose of a writ application as a Court of first instance, it can only sit in appeal.
(3.) We are aware that in certain matters like the Sanchaita matter and the Green Bench matters, a Division Bench directly gives authority for issuance of prerogative writs but this is done on the basis of a joint authority derived by the Division Bench from the Constitution and a special mandate of the Hon'ble Supreme Court of India.;