Bhaskar Bhattacharya, J. - (1.) This mandamus appeal is at the instance of the State of West Bengal and others and is directed against order dated September 14, 2006 passed by a learned Single Judge by which His Lordship passed an interim order directing that the earlier interim order dated August 31, 2006 passed by His Lordship should continue till the disposal of the writ application.
(2.) By the earlier interim order dated August 31, 2006, His Lordship, on the very first date of moving the writ application, passed an interim order to the effect that the existing arrangement regarding yearly allotment in favour of the writ petitioner for bringing common salt in its plant as contained in the programme for the year 2005-06 should continue until further order.
(3.) The private respondent before us filed a writ application being W.P. No. 1190 of 2006 thereby praying for the following relief: (a) A writ of and/or in the nature of Certiorari do issue calling upon the respondents and each of them to forthwith certify and transit to this Hon'ble Court the records of the case culminating in the impugned threat not to allot the annual programme but to allot quarterly programme for bringing in common salt to the said plant of the petitioners, in violation of their earlier decision dated June 25, 1999 so that upon consideration thereof the same is quashed and conscionable justice is rendered to the petitioners; (b) A writ of and/or in the nature of mandamus do issue commanding the respondents and each of them: (i) to allot the annual programme zone-wise but not quarterly programme for bringing in common salt to the said plant of the petitioners, in violation of their earlier decision dated June 25,1999; (ii) to desist from giving any effect or further effect to or acting in terms of or pursuant to or in furtherance of the impugned threat not to allot the annual programme zone-wise but to allot quarterly programme for bringing in common salt to the said plant of the petitioners, in violation of their decision dated June 25, 1999 in any manner whatsoever: (iii) to comply with the decision dated June 25, 1999 of the High Power Salt Committee and not to act in violation of the same; (c) Rule Nisi in terms of prayers above; (d) If no cause or insufficient cause is shown, the Rule be made absolute; (e) Injunction restraining the respondents and each of them whether by themselves or their subordinates, agent, men or otherwise howsoever to desist from giving any effect or further effect to or acting in terms of or pursuant to or in furtherance of the impugned from, giving any effect or further effect to or acting in terms of or pursuant to or in furtherance of the impugned threat not to allot the annual programme zone-wise but to allot quarterly programme for bringing in common salt to the said plant of the petitioners, in violation of their earlier decision dated June 25, 1999; (f) Stay of operation of the impugned threat not to allot the annual programme but to allot quarterly programme for bringing in common sait to the said plant of the petitioners, in violation of their earlier decision dated June 25, 1999; (g) Appropriate direction be given directing the respondents to comply with the decision of the High Power Salt Committee and to allot annual programme zone-wise to the petitioners; (h) Ad interim order in terms of prayers above; (i) Such further or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may seem fit and proper.";