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2008 Supreme(Cal) 883

PINAKI CHANDRA GHOSE, SURINDER SINGH, BISWANATH SOMADDER
Bhowanipore Gujarati Education Society – Appellant
Versus
Kolkata Minicipal Corporation – Respondent


Advocates Appeared:
For the Appearing Parties:Kishore Dutta, Subrata Das, L.C. Behani, T.K. Sen Gupta, Milan Bhattacharya, Saptangsu Basu, Ajoy Sankar Sanyal, Bidyut Kumar Roy, Kamalesh Bhattacharya, Ananya Das, Sutapa Sanyal, Daisy Basu, Kalyan Bhaumik, Anjan Kumar Chatterjee, Advocates.

JUDGMENT:-

(1.) BY Orders dated 9th October, 2007 and 15th November, 2007, these groups of writ petitions were referred to the chief Justice for constituting an appropriate Bench for reexamining and or reconsidering the matter regarding Constitutional issues raised in the Order of reference. The reference has been made in the following terms: "54. In the result, I am of the considered view that the objections regarding maintainability of these writ petitions on the ground that (1) a writ petition under Article 226 of the Constitution of India against an order passed by a statutory Tribunal exercising judicial functions is not maintainable and it is only an application under Article 227 that would be maintainable; and (2) a writ petition under Article 226 of the constitution of India against an order passed by a Statutory Tribunal exercising judicial functions is not maintainable within the scope of the rules framed by this Court,- require re-consideration and, therefore, I direct that the cause papers of these petitions be placed before the Honble chief Justice for appropriate orders being passed. "

(2.) THE reference has been made in Writ Petition Nos. 898 of 2007 and 269 of 2007.











































































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