( 1 ) THIS is an appeal under Clause 15 of the Letters Patent against a judgment and order of Bosc J. by which the-learned Judge held a certain resolution adopted by the Commissioners of the Budge Budge Municipality and a notice served on the respondents in pursuance of that resolution to be both invalid and directed their cancellation under Article 226 (1) of the Constitution of India. The learned Judge also directed the Commissioners to determine according to law the applications made by the respondents for renewal of their licenses. Against that decision the Commissioners have, by their Chairman, appealed.

( 2 ) THE appeal came up for hearing in the first instance before a Division Bench constituted of S. R. Das Gupta J. and myself when two questions of general importance were raised on behalf of the respondents. The Budge Budge Municipality exercises jurisdiction in an area which lies outside the ordinary original civil jurisdiction of this Court. It was contended that no appeal lay from a decision of a single Judge, given on an application under Article 226 of the Constitution, at any rate in a matter coming from outside the original jurisdiction. It was