- (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 re-examining 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 Hon'ble chief Justice for appropriate orders being passed. "
(2.) THE reference has been made in Writ Petition Nos. 898 of 2007 and 269 of 2007. Therefore, it would be necessary to make a brief reference to the facts of that case.
(3.) THE petitioner is a Society registered under the Societies Registration act, 1961 and it runs the Bhowanipur Gujarati Education Society at premises at 5, Lala Lajpat Ray Sarani, Calcutta- 700020 (hereinafter referred to as the Society ). The Society had sold/transferred the 1st floor of the premises to several persons including UCO Bank on the basis of ownership on March 31, 1992. The aforesaid Bank had made some constructions on the 1st floor of the building which would be suitable for Banking operation including the location of strong boxes. The Kolkata Municipal Corporation passed a demolition order dated 10th September, 1990 under section 400 (1) of the calcutta Municipal Corporation Act, 1980. Aggrieved by the demolition order, the writ petitioners filed a statutory appeal before the Municipal Building tribunal under section 400 (3) of the Calcutta Municipal Corporation Act, 1980. The aforesaid appeal has been dismissed by the Municipal Building tribunal by order dated September, 26, 2006. This order was challenged by the writ petitioner by filing a writ petition under Article 226 of the constitution of India. The petitioner has raised a number of legal pleas including violation of Article 14 of the Constitution as well as statutory provisions of the Calcutta Municipal Corporation Act, 1980 against the order of demolition and the subsequent order of the Tribunal. On the basis of the aforesaid grounds the petitioner has claimed issue of writs in the nature of certiorari, mandamus and prohibition. It is prayed that the orders passed by the various Authorities including the Tribunal be quashed and a direction be issued to the Authority to decide the matter afresh in accordance with law after observing due procedure.;