Others vs The State Of West Bengal And Others
2022 Latest Caselaw 8578 Cal

December 21, 2022 AD 4 Court No.1 SG MAT 1994 of 2022 with CAN 1 of 2022

West Bengal Bus and Minibus Owners Association and others vs.

The State of West Bengal and others

Mr. Anindya Lahiri, Mr. Samrat Dey Paul, Advocates ....for the appellants

Mr. Amal Kumar Sen, ld. AGP Mr. Lal Mohan Basu, Mr. Jaladhi Das, Advocates ....for the State

Mr. Billwadal Bhattacharyya, ld. DSGI Mr. Debapriya Gupta, Advocate ....for the Union of India

Ms. Sonal Sinha, Mr. Shouryavir Das, Advocates ....for the West Bengal Pollution Control Board

Mr. Alak Kumar Ghosh, Mr. Sibojyoti Chakraborty, Advocates ....for the KMC

Submission of learned counsel for appellants is that

against the order of NGT, the writ petition is maintainable

and in support of submission he has placed reliance

upon the judgment of Hon'ble Supreme Court in the

matter of Madhya Pradesh High Court Advocates Bar

Association and another v Union of India and another

reported in 2022 SCC OnLine SC 639. He has also

submitted that another writ petition being WPA 27474 of

2022 has been entertained by learned Single Judge after

the order of the Division Bench.

MAT 1994 of 2022

Learned Deputy Solicitor General of India appearing

for Union of India has submitted that in the Calcutta

High Court, there is no provision for filing a combined

petition under Articles 226 and 227 of the Constitution

and that the NGT being a judicial forum, writ petition

under Article 226 of the Constitution cannot be

maintained against its orders. He has sought time to file

affidavit in response to CAN 1 of 2022.

Affidavit in response to CAN 1 of 2022 be filed by

learned counsel for Union of India within 2 weeks.

It will also be open to learned counsel for appellants

to file affidavit-in-reply within a week thereafter.

Learned counsel for appellants is directed to place on

record a copy of the writ petition within 2 weeks.

List on 15th February, 2023.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]