JUDGMENT :

SANJIB BANERJEE, J.

1. The moot question that arises for consideration in this reference is whether upon a review petition being entertained in proceedings under Article 226 of the Constitution of India and the matter being reconsidered and the original order being retained, such an order is amenable to an appeal.

2. The questions referred by a Division Bench order of February 19, 2021 are, however, more elaborate and it is necessary that the incidental aspects on the periphery be also conclusively dealt with at this level. The questions of law referred to this Full Bench are as follows:

"(1) Is the appeal filed against the order of review maintainable sans a challenge to the order passed in the writ petition.

(2) Is the appeal maintainable when the earlier order was passed without going into the merits of the case giving liberty to file a review.

(3) If the appeal is maintainable, what is the scope and ambit, meaning thereby the issue, which is dealt with by the learned Single Judge in the writ petition can be gone into or not.

(4) Whether the order passed in the review petition would amount to deemed merger of the order passed in the writ petition.

(5) Is the review maintainab