Smt. Pushpa Bouri @ Puspa Bauri vs M/S. Eastern Coal Fields Limited & Ors on 6 August, 2021

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Calcutta High Court

Smt. Pushpa Bouri @ Puspa Bauri vs M/S. Eastern Coal Fields Limited & Ors on 6 August, 2021

Bench: Arindam Mukherjee

OD 4

                              WPO 239 of 2021
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE

                    SMT. PUSHPA BOURI @ PUSPA BAURI
                                VERSUS
                 M/S. EASTERN COAL FIELDS LIMITED & ORS.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE
  Date: 6th August, 2021.

  (Via Video Conference)


                                                                    APPEARANCE:
                                                            Mr. Partha Ghosh, Adv.
                                                       Mr. Amal Kumar Datta, Adv.

                                                             Mr. Bijoy Kumar, Adv.


       The Court: - On behalf of Eastern Coal Fields Limited (in short ECL) a

preliminary point has been urged. The Advocate representing ECL submits that

in terms of Rule 4 of the rules relating to applications under Article 226 of the

Constitution of India framed by this Court a writ petition to be entertained in the

original side, all the respondents must reside/carry on business/have their

respective offices within the Ordinary Original Civil Jurisdiction of this Court. All the respondents except one office of ECL is within such jurisdiction. That apart and in any event ECL no more maintains an office at 13, R.N. Mukherjee Road, Kolkata - 700001 as mentioned in the cause title as against respondent no. 1 from 2020. The writ petition, according to ECL, could not have been filed on the 2 Original Side of this Court. The Original Side jurisdiction has been sought to be attracted only by virtue of the office of ECL at 13, R.N. Mukherjee Road, Kolkata

- 700001.

The petitioner, however, objects to such contention. It is submitted on behalf of the petitioner that this point has been taken by ECL in several other matters but ECL did not succeed even upto the Hon'ble Supreme Court when Special Leave Petition against one of such matters was dismissed. The petitioner refers to an order dated 19 th March, 2021 passed by a learned Single Judge in W.P. No. 636 of 2018 (Premlata Devi vs. M/s. Eastern Coal Fields Limited & Ors.). In an appeal against the said order dated 19 th March, 2019 a Division Bench of this Court did not accept the plea taken by ECL regarding filing of the writ petition on the Original Side. An order dated 8 th July, 2019 passed in APOT No. 49 of 2019 (M/s. Eastern Coal Fields Limited & Ors. vs. Premlata Devi & Ors.) has been relied upon in this context. The petitioner has also relied upon an order of the Hon'ble Supreme Court of India dated 6 th January, 2020 arising out of a Special Leave to appeal as filed against the order dated 8 th July, 2019 by a Division Bench of this Court.

Since the respondents say that the office at 13, R.N. Mukherjee Road, Kolkata - 700001 has been closed since 2020, and also contend that the orders relied upon by the petitioner were passed prior to the said office having been closed down which is disputed by the petitioner. ECL is directed to produce official documents showing that the office at 13, R.N. Mukherjee Road, Kolkata - 700001 has been closed in the year 2020 on the next date of hearing. 3

Let this matter appear on 16th August, 2021.

(ARINDAM MUKHERJEE, J.) s.chandra/b.pal

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