Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The appeal arises out of the following order passed by the learned Single Judge on 22nd December, 2016, while admitting WP 15893 (W) of 2016 (Guddi Devi Sharma & Ors. vs. Kolkata Municipal Corporation & Ors.):- "This writ application is formally admitted subject to the question of constructive res judica [sic; read, res judicata] raised by Mr. Chatterjee. If after determination of the maintainability point, the Court is asked to determine whether the subject property is "bustee or not", some corroboration of the finding of the respondent-Corporation that the said property is bustee may be required for the assistance of the Court. At the present point of time, I appoint Mr. Kalyan Chakraborty, Advocate, Bar Association and Mr. Sanjeeb Seni, Advocate, Bar Association Room No.16 as Joint Special Officers at an initial remuneration of 600 GMs each to be paid by the petitioners to visit the site upon notice to and in the presence of the parties including a responsible officer of the Corporation and file a short report with necessary reasons and details in this Court by 17th January, 2017 as to whether the subject property is a bustee or not within the meaning of Section 2(8) and 2(45) of the Kolkata Municipal Corporation Act, 1980. List this application on 17th January, 2017."
(3.) The appellants before us are Kolkata Municipal Corporation and its authorities.;