JUDGMENT :

Aditya Kumar Trivedi, J. - As the matter has been referred by the learned Single Judge, on account thereof, Hon'ble the Chief Justice listed the same after constituting the Division Bench.

2. From perusal of the order dated 11.02.2019 (order of reference), it is evident that no questionnaire has been formulated. In Brishketu Bihari Sinha vs. State of Bihar & Ors., 2019 2 PLJR 554, it has been observed by the Full Bench.

"2. Having heard the learned counsel appearing on behalf of respective parties, we are of the opinion that reference to the Full Bench itself is not maintainable. Apart from the fact that no specific question is framed and thereafter referred to the Full Bench, we are of the opinion that the learned Single Judge could not have referred the matter to the Division Bench and thereafter the Division Bench ought not to have referred the matter to the Full Bench ... ...."

"3. ... ...At the cost of repetition, it is to be noted that as such no question is framed and referred to the Full Bench for its decision. Under the circumstances, we remit the matter back to the learned Single Judge to consider the same in accordance with law and on its own merits."

3. Having de