SOUMITRA PAL,J. - (1.) In the writ petition, being W.P. 11229 (W) of 2012, affirmed on 1st June, 2012 (hereinafter referred to as 'the first writ petition') the petitioner No. 1, The West Bengal Motor Vehicle Weighbridge Corporation Limited, a joint venture company and its Managing Director, the petitioner No. 2 have prayed, inter alia, for the following reliefs:- "(a) A writ of or in the nature of Mandamus be issued directing the State respondents particularly the Respondent No. 1 to make the weighbridge/check post located between Kharagpur and Jharkhand Border on NH-6 in between km 174 to km 175 operational forthwith; (b) A writ in the nature of Mandamus be issued directing the respondents and particularly the respondent No. 1 to forthwith engage Motor Vehicle Inspectors and police personnel at the aforesaid check post site in order to make it functional immediately; (c) A writ in the nature of Direction be issued directing the concerned State respondents particularly the respondent No. 1 to execute and register the 12 nos. of supplementary agreements mentioned in paragraph 22 and Annexure P/12 referred to above within such time and in such manner as may be directed by this Hon'ble Court;"
(2.) The writ petition, being W.P. No. 18273 (W) of 2012 (hereinafter referred to as 'the second writ petition'), affirmed on 16th August, 2012, was filed during the pendency of the first writ petition by the same petitioners in the first writ petition, praying, inter alia, for the following reliefs:- "(a) A writ of or in the nature of mandamus be issued commanding the respondents and each of them to act strictly in accordance with law; (b) A writ of or in the nature of mandamus be issued by quashing the impugned letter of termination being Memo No. 2706-WT/66- JSRM/WEIGHBRIDGE-1/07 dated 01.8.2012 being Annexure "P/15" hereof; (c) Alternatively, a writ of or in the nature of Mandamus be issued commanding the State respondents and particularly the respondent No. 3 to forthwith cancel and/or withdraw and/or rescind the impugned letter of termination dated 01.8.2012 issued under Memo No. 2706-WT/66-JSRM/WEIGHBRIDGE-1/07;"
(3.) After the writ petitions were filed, on 12th October, 2012 orders were passed directing the parties to file affidavits. By the said order the state respondents were restrained from taking steps on the basis of the letter of termination of contract dated 1st August, 2012, being Annexure 15 to the second writ petition, till 18th December, 2012 which subsequently by orders was extended and is continuing. The point of maintainability of the writ petitions raised by the state respondent was kept open.;