SARMA, J. :- The question of law involved in this case is that whether a single Judge can entertain a writ appeal and pass an interlocutory order when a Division Bench is not available in the station/in an outlying Bench in view of the Rule 2(2) of Chapter V-A of the Gauhati High Court Rules. This rule was amended on 19-8-1992. Prior to that this rule reads as follows.

"2. Every such application shall be made and heard before the Division Bench except where the Chief Justice otherwise directs :

Provided that during the vacation such application may be made before the vacation Judge :

Provided further that when or where no Division Bench is sitting or available it shall be competent for a single Judge to pass any interlocutory orders in such application and direct the same to be placed before a Division Court for orders :

Provided also that all interlocutory matters including stay and condonation of delay application and substitution petitions shall be dealt with by a single Judge unless otherwise ordered by a Division Bench."

2. After amendment this Rule 2 relevant for the case reads as follows :-

"2. An appeal from the Judgment and order of a single Judge disposing of an applic