JAGANNATH ENTERPRISE Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This writ court has been approached in its jurisdiction under Article 226 of the Constitution of India, 1950 by four writ petitioners in W.P. No. 337 of 2018, W.P. No. 338 of 2018, W.P. No. 339 of 2018 and W.P. No. 340 of 2018 praying for a writ of mandamus against the respondent authorities for the recovery of price in respect of medicines sold and delivered by the writ petitioners to the respondent no. 6 in all the writ petitions. For the better understanding of the reliefs sought by the writ petitioners in the aforesaid writ petitions, prayer (a) appended to the respective writ petitions have been extracted and setout herein below:

(2.) Since all the writ petitions being W.P. No. 337 of 2018, W.P. No. 338 of 2018, W.P. No. 339 of 2018 and W.P. No. 340 of 2018 raise common questions of law and fact, with the consent of the parties, I have consolidated them and heard them analogously.

(3.) The writ petitioners in all the writ petitioners are partnership firms along with their respective partners engaged in and carrying out the business of supplying medicines. They had approached this court previously in an earlier round of litigation when the writ petitions were dismissed on the sole ground that the Kolkata Municipal Corporation, respondent no. 1 herein, being as a necessary party to the writ petitioners case was not arrayed as a defendant. However, liberty was given to the writ petitioners to file the writ petitions afresh. It is in this manner that the writ petitions came to be heard before this court.