MIR DARA SHEKO,J. - (1.) Hearing is concluded and the matter is taken up for order.
(2.) At the very outset it may be mentioned that after completion of extensive argument advanced by Mr. Joydip Kar, learned senior counsel and Mr. Sabyasachi Chowdhury, being assisted by Mr. Abhijit Guha Roy, learned counsel representing the writ petitioners, regarding maintainability point raised by Mr. Saptansu Basu, learned senior counsel representing the respondent no. 2, Mr. Koushik Chandra, learned Additional Solicitor General representing the respondent no. 1 and Mr. Ghosh, learned counsel representing the respondent no. 4, the Court is of the opinion that before entering into merit, the point of maintainability should be addressed, though learned counsel were submitting to dispose of the matter on merit as well.
(3.) To my mind, the maintainability point is to be addressed first since either side may have the option to test the order before appropriate forum whatever its outcome may be.;