MC 1776/2011 BEFORE HON’BLE MR JUSTICE AMITAVA ROY HON’BLE MR JUSTICE B.D.AGARWAL (Amitava Roy, J) Heard Mr S Chakraborty, learned counsel for the applicants and Mr UK Nai r, learned counsel for the opposite party. Upon hearing the learned counsel for the parties and on a consideration of the averments made in the application supported by an affidavit, the delay of 23 days in preferring the accompanying appeal is condoned. On the aspect of the maintainability of the writ petition, it is submitt ed at the Bar that in view of the decision of the Apex Court rendered in R. Bisw an & Ors. -vs- Union of India & Ors. [AIR 1983 SC 658] followed by determination s made thereafter on the same issue, it (writ petition) is maintainable. This as pect of the matter, if need be, would be further examined while dealing with the appeal on merits. Misc. case stands disposed of.