Ashok Kumar Mathur, CJ. - (1.) I had occasion to consider the opinion of my learned brother Justice Ashim Kumar Banerjee. I am in full agreement with him. As far as this case is concerned, the Division Bench was justified in calling the writ petition to be decided by, the Division Bench.
(2.) Apart from this as a Chief Justice I have full Constitutional and inherent power to fix the roaster and to list matters either to the Single Bench or Division Bench as may be considered proper in each case. In the present case I have gone through the facts and I find that it is a fit case to assign before this Division Bench. This case involves abuse of process of this Court. The parties had agreed for taking up the matter by the earlier Division Bench by the order dated 24th April, 2001, they cannot be permitted to blow hot and cold. The earlier Division Bench by the order dated 24th April, 2001, as reproduced by brother Justice Banerjee in his order, took up the matter with the agreement of the parties and now when it does not suit the parties they have raised this objection at this distance of time.
(3.) Having regard to these facts, I exercise my Constitutional and inherent power and assign this matter to this Division Bench. Therefore, the objections raised by the respondent No. 8, supported by the appellants, is overruled and consequently the application filed by them for recalling the order dated 24th April, 2001 is rejected.;