Biswanath Somadder, J. - (1.) By consent of the parties, both the appeals are treated as on day's list and taken up for consideration along with the respective connected applications for stay and disposed of as follows:-
(2.) The subject-matter of challenge in these appeals is the judgment and order dated 9th August, 2016, passed by the learned Single Judge in W. P. 12394 (W) of 2016. By the said judgment and order, the learned Single Judge set aside the order of removal of the respondent no. 1/writ petitioner dated 5th July, 2016, passed by the Prescribed Authority upon coming to a finding that the action of the Prescribed Authority was bad and not in accordance with requirements of law .
(3.) Thereafter, the learned Single Judge proceeded to issue a mandatory direction upon the Prescribed Authority to pass consequential orders pursuant to setting aside of the order of removal. Some other directions were also issued by the learned Single Judge, which read as follows:- I, however, would not like to allow the matter to set at rest at this stage. The report in the form of an affidavit particularly the annexures raises various possibilities. I consider the matter should be looked into by a superior authority. In such view of it, I direct the District Magistrate, South 24 Parganas, to enquire into the matter and to file a report in a sealed cover through a learned Advocate for the State on September 19, 2016. The writ petition is allowed. But such report will be filed by the concerned District Magistrate on that date in Court. The learned Registrar General, High Court, Calcutta is directed to send a copy of this order along with a copy of the writ petition as well as the report in from of an affidavit affirmed by the prescribed authority to the concerned District Magistrate for the action to be taken on the report as directed by me. Over and above, the communication is also to be made by the learned Advocate for the State to the District Magistrate, South 24 Parganas. ;