( 1 ) THESE two matters have since been referred to this larger Bench on the basis of an order dated November 14, 2003 passed in w. P. No. 16037 (W) of 2003. The learned single Judge differed with the decisions of this court passed in three other matters by three other learned single Judges respectively. The learned Fourth Judge, therefore, was of the opinion that a larger Bench should be constituted. On the other hand an appeal was taken against the judgment dated March 21, 2003 passed by one of the learned single Judge in CR No. 11160 (W) of 1984. This appeal was being heard by a Division Bench consisting of one of us (D. K. SETH, J.) and Hon'ble R. N. SINHA, J. On July 19, 2004 Mr. Bikash Ranjan bhattacharya, learned counsel for the respondent, brought to the notice of the said division Bench that identical point had since been referred to a larger Bench. Therefore by an order dated July 19, 2004 the matter was released from being heard in part by the said division Bench directing the matter to be placed along with the other matters before the larger Bench. Accordingly these two matters have since been referred to the larger Bench now constituted by the pre