- (1.) THE petitioners in this WP under art.226 dated December 22, 2011 are seeking the following principal relief: "a) A writ of mandamus commanding the respondents No.2 and 7 to show cause as to why impugned order dated 10/8/2011 being annexure P1 and order 11.08.2011 being annexure "P -2" herein should not be cancelled quashed, and/or set aside."
(2.) THE order dated August 10,2011 has been issued by the Legal Remembrancer, Government of West Bengal to the District Magistrate, Burdwan. It is regarding revised panel of lawyers for conducting civil and criminal cases in the district Burdwan. The Legal Remembrancer ordered that the existing panel should be treated as cancelled, and that the revised panel should be treated as effective from the date of the order. The thing dated August 11, 2011 is actually a letter of the ADM(G), Burdwan to the Sub -divisional Officer, Durgapur. Under the letter the ADM(G) forwarded to the Sub -divisional Officer the list of panel APPs and AGPs approved by the Legal Remembrancer., Government of West Bengal by his letter dated August 10, 2011.
(3.) COUNSEL for the petitioner argues as follows. The panel was prepared in contravention of the provisions of s.24 of the Code of Criminal Procedure, 1973 and para.111 of the L.R. Manual of the Government of West Bengal. Relying on State of U.P. and Anr. v. Johri Mal, 2004 AIR(SC) 3800 ( paras. 43,77, 83 and 88) counsel has submitted that the panel is liable to be set aside. He has contended that when the petitioners were considered for empanelment, without giving them opportunity of hearing their candidature could not be rejected.;