Biswanath Somadder - (1.) The instant appeal arises out of an order dated 16th July, 2018, passed by a learned Single Judge in WP 11266 (W) of 2018 (Mir Darbesh Ali & Ors. vs. The State of West Bengal & Ors.). By the impugned order, the learned Single Judge has been pleased to keep the writ petition pending for final disposal upon exchange of affidavits. The learned Single Judge has also for reasons stated in the impugned order not granted any ad interim relief.
(2.) The present appeal has been preferred by Mir Darbesh Ali and others, being the writ petitioners.
(3.) It is submitted on behalf of the respondents that the issue before the learned Single Judge could not have been raised as the same issue was raised before a Civil Judge who decided against the appellants/writ petitioners. As such, it is submitted that the writ petition is hit by the principles of constructive res judicata.;