Calcutta High Court
Smt. Ambabati Mahali vs M/S. Eastern Coal Fields Ltd. And ... on 7 September, 2021
ORDER SHEET
WPO 435 of 2021
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
SMT. AMBABATI MAHALI
VERSUS
M/S. EASTERN COAL FIELDS LTD. AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 7th September, 2021.
(Via Video Conference)
Appearance:
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Datta, Adv.
Mr. Bijoy Kumar, Adv.
The Court: The respondents have raised a preliminary point of objection in
entertaining the writ petition in the Original Side of this Court by citing Rule 4 of
the Rules of the High Court at Calcutta relating to applications under Article 226
of the Constitution of India. The respondents say that to file and maintain a writ
petition in the Original Side of this Court, all the respondents shall either have to
reside or carry on business or have their offices situate within the Ordinary
Original Civil Jurisdiction of this Court, unlike a Civil Suit which can be filed
after obtaining leave under Clause 12 of Letters Patent, 1865 if any part cause of
action has arisen within the Ordinary Original Civil Jurisdiction of this Court.
Assuming without admitting that the respondent no.1 has an office at 13
R.N. Mukherjee Road Kolkata 700001, and a part cause of action has arisen
within the Ordinary Original Civil Jurisdiction of this Court then also all the
respondents do not have their offices within the Ordinary Original Civil
Jurisdiction of this Court which is necessary to file and maintain a writ petition
in the Original Side of this Court. In that view of the matter the writ petition
according to the respondents has to be filed in the Appellate Side.
The writ petitioner has disputed this contention of the respondent no.1 by
saying that the office of the respondent no.1 at 13 R.N. Mukherjee Road Kolkata
700001 is still operational for which the writ petition can be filed, received and
heard in the Original Side of this Court. Moreover, part cause of action according
to the petitioner has arisen within the Ordinary Original Civil Jurisdiction of this
Court. The petitioner also refers to several judgments to show that writ petition
has been entertained against the respondent no.1 in the Original Side. There are
however several judgments holding that the writ petition wherein all the
respondents do not have their respective offices of their business within the
Ordinary Original Civil Jurisdiction of this Court has to be filed in the Appellate
Side. Without going into the technicalities as to whether part cause of action has
arisen within the Ordinary Original Civil Jurisdiction of this Court or that by
virtue of the office of the respondent no.1 being situate at 13 R.N. Mukherjee
Road Kolkata 700001 which will linger the hearing of the writ petition and may
cause detriment to the interest of the petitioner due to delay, I think justice will
be sub-served if I direct this writ petition to be converted into a writ petition filed
in the Appellate Side of this Court by assigning a writ petition number in the
Appellate Side.
The writ petition is therefore sent back to the Registry/department to make
necessary endorsement/recording to treat this writ petition to have been filed in
the Appellate Side on the date when it has been filed in the Original Side and
assign a number to the writ petition for being treated as a Writ Petition filed in
the Appellate Side on that date. The entire exercise has to be completed by the
Registry/department within 17th September, 2021.
Let this matter appear in the Appellate Side list of the Bench taking up
Group VI matters as a motion on 20th September, 2021.
(ARINDAM MUKHERJEE, J.)
sp/b. pal
