- (1.) The Court: The pendency of the writ petition has been challenged by the District Grand Lodge of Mark Master Masons of Bengal on the ground that the writ petitioner is not 'State' under Article 12 of the Constitution of India.
(2.) Mr. Sarkar, learned Advocate appearing for the respondent nos. 5 and 6 strenuously contends that the writ petitioner being an individual/citizen and not being a government undertaking cannot challenge the acts of the Municipal Corporation under Article 226 of the Constitution.
(3.) Unfortunately, as presently advised and as I read the Constitution of India, the right to approach this Court under Article 226 of the Constitution is not limited or even restricted to those who are authorities under Article 12. I would rather have thought that such authorities could be proper, if not necessary parties as respondents. Accordingly, the submissions of Mr. Sarkar for the respondent nos. 5 and 6 are overruled.;