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 instant appeal arises out of an interim order passed yesterday (i.e., 6th December, 2018) by a learned Single Judge in WP 24263 (W) of 2018 (Bharatiya Janata Party vs. State of West Bengal & Ors.). By the said order, the learned Single Judge has kept the writ petition pending for further hearing on 9th January, 2019, while issuing certain directions, which read as follows:- "In the said conspectus, I am of the opinion that the reliefs, as prayed for in the present writ petition, cannot be granted at this stage. In my opinion reports need to be called for from respective Superintendents of Police of the respective districts all over the State which shall be prepared upon giving an opportunity of hearing to the District President or the District Secretary of the petitioner in the respective districts of the State. The petitioner would be at liberty to file a supplementary affidavit placing orders passed by the District Magistrate placing orders passed by the District Magistrate and Superintendent of Police by way of a supplementary affidavit in course of this week and supply a copy of the same to the learned advocates on record appearing for the State respondents. The respondents shall peremptorily file an opposition dealing with the averments made in the writ petition as well as the supplementary affidavit within a period of seven days thereafter. List this matter for further consideration in the daily supplementary list of this Court on 9th January, 2019. In the meantime, the Superintendents of Police of the respective districts are directed to grant an opportunity of hearing to the District President or the District Secretary of the petitioner in the respective districts and to take a decision as to whether permission can be granted to the petitioner to hold the rally in their respective districts and to communicate such decision to the petitioner. Such exercise shall be completed peremptorily by 21st December, 2018. The said decisions shall be produced before this Court on the returnable date. Needless to observe the rally shall stand deferred till the next date of hearing."
(3.) The instant appeal has been preferred by the writ petitioner, namely, Bharatiya Janata Party, West Bengal.;