MAHMOOD ALAM Vs. JAMSHED ALM

JUDGEMENT

(1.) The above four civil revisional applications have been assigned to this Bench. The Ld. Counsel appear for the respective parties in the four applications in the order as mentioned above. All the four application involve a common point of law. The said common point of law has been determined by an Hon'ble Special Bench of this Court upon an analogous hearing of the above four applications. After determination of the said point of law the matters have now been assigned before this Bench for hearing on their individual merits. At the very outset Sri Roychowdhury, Ld. Senior Counsel appearing for one of the petitioners raises the question of jurisdiction of this Court to hear the four applications on merits upon determination of the point of law by the Hon'ble Special Bench . The point on jurisdiction raised by Sri Roychowdhury is resisted by the Ld. Counsel appearing for the other parties and accordingly this Court has been urged to settle the point on jurisdiction first prior to proceeding further, if justified, on the merits of each of the individual cases.

(2.) Accordingly, all the parties except the Howrah Municipal Corporation, which has not been represented before this Court in spite of the repeated dates when the matters appeared on 24th February 2014, 10th March 2014, 19th March 2014, 28th March 2014 and finally 2nd April 2014. No accommodation on all the aforementioned dates have been sought for on behalf of the Howrah Municipal Corporation and therefore, this Court is now called upon, after hearing the extensive submissions made by the other appearing parties, to pronounce its final orders on the point of jurisdiction.

(3.) Sri Roychowdhury submits as follows:--