Objection On Maintainability Hits Root Of Judicial Proceeding If It Raises 'Pure Question Of Law' Or Points 'Inherent Lack Of Jurisdiction'_ Calcutta HC.pdf

11/11/22, 3:11 PM Objection On Maintainability Hits Root Of Judicial Proceeding If It Raises 'Pure Question Of Law' Or Points 'Inherent Lack Of Jurisdiction': Calcutta HC
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NEWS UPDATES
Objection On Maintainability Hits Root Of
Judicial Proceeding If It Raises 'Pure
Question Of Law' Or Points 'Inherent Lack
Of Jurisdiction': Calcutta HC
SAMRIDDHA SEN 11 Nov 2022 10:39 AM
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The Calcutta High Court on Wednesday in hearing a writ petition clarified
the position of law that an objection on the maintainability of a writ
petition cannot be raised at the eleventh hour and that such an objection
cannot go into the root of the judicial proceeding unless such an
objection is made on a point of pure question of law or inherent lack of
jurisdiction.
The present proceedings arose of a lease agreement entered into
between the lessee "International Engineering and Construction
Company'' signed on behalf by the instant petitioner and the Kolkata Port
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Trust (respondent no. 1). The dispute forming the subject matter of the
instant proceeding is a quit notice issued by the respondent no. 1 under
the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in
respect of the immovable property which formed the subject of the
aforesaid lease agreement.
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Counsels for the respondent contended that the writ petition was not
maintainable as the same was preferred by the instant petitioner in
personal capacity and that the lessee being a private company, was an
independent and separate juristic entity in the eyes of the law and that a
prayer for execution of fresh lease deed, as made in the said writ petition,
amounted to a relief in the form of specific performance which could not
be entertained by a writ court. It was further argued that the petitioner
had inducted subtenants and erected structures without permission,
which is a major breach of the erstwhile lease-deed.
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Dismissing the objections raised by the respondents as being made
belatedly, the Single Judge Bench of Justice Sabyasachi Bhattacharya
placed reliance upon the judgments of the Supreme Court in Kanak (Smt)
& Anr. v. U.P. Avas Evam Vikas Parishad & Ors., reported at (2003) 7 SCC
693 and the Allahabad High Court in Suresh Chandra Tewari v. District
Supply Officer & Anr. reported in 1992 SCC OnLine All 234 to hold that
respondent no. 1, on account of its failure to raise any objection in
respect of the non-maintainability of the writ petition at the earlier stages
of the proceedings, was precluded from raising such objection at the time
of final hearing. The Court held:
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"However, inasmuch as the objection with regard to maintainability of the
Writ Petition is concerned, the same cannot be upheld, although the
petitioner stated in Paragraph Nos.2 and 3 of the Writ Petition that the
International Engineering and Construction Company is a private
company and that the petitioner is one of the Directors thereof. There are
several reasons for turning down such objection. First, as rightly argued
by the petitioner and held by the Supreme Court in Kanak (Smt) and
another (supra) and by the Division Bench of the Allahabad High Court in
Suresh Chandra Tewari (supra), since the KoPT never took the objection
as regards non-maintainability of the writ petition at any earlier point of
time, either at the inception or in its affidavit-in-opposition or even when
the interim order was extended from time to time, the KoPT is precluded
from raising such objection at the eleventh hour when the writ petition is
being heard finally."
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It further observed that an objection on maintainability of a writ petition
does not hit the root of the writ petition if such an objection is not in the
nature of a question of law or inherent lack of jurisdiction.
"The maintainability issue has primarily been raised on the ground that
the lessee is an independent juristic entity, distinct and separate from the
present petitioner, in view of being a company incorporated under the
Company Law. However, it is noticed from the affidavit-in-opposition of
the KoPT itself, filed in connection with the Writ Petition, that no objection
as to maintainability has been raised therein. Rather, in Paragraph no.3(1)
of the opposition, it is admitted by the KoPT itself that M/s. International
Engineering and Construction Company (IECC) is a sole proprietorship
with Mr. Vijay Kumar Khanna as the Proprietor," the Court noted.
The Court however dismissed the petition on merits, noting that there is
no valid ground for the writ petitioner to challenge the quit notice on any
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ground whatsoever as the same was issued well within the authority of
the Kolkata Port Trust. It found that there was no deemed renewal of the
lease agreement and consequently, the petitioners had no basis to
challenge the quit notice.
Case: Vinay Kumar Singh v. Kolkata Port Trust & Ors., WPA 21399 of 2007
Date: 09.11.2022
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लखीमपुर खीरी मामला :
सुप्रीम कोर्ट ने आशीष मिश्रा
की जमानत याचिका पर
सुनवाई स्थगित की, कहा
जस्टिस सूर्यकांत की बेंच को
इस पर सुनवाई करनी
चाहिए
ब्रेकिं ग- सुप्रीम कोर्ट ने
राजीव गांधी की हत्या के
सभी दोषियों को रिहा करने
का आदेश दिया

"सुप्रीम कोर्ट के आदेश का
सम्मान नहीं": सुप्रीम कोर्ट ने
घग्गर बेसिन में बाढ़ की
समस्या से निपटने के लिए
दिए गए निर्देशों का पालन
नहींकरने पर पंजाब और
हरियाणा राज्यों की खिंचाई
की
दिल्ली हाईकोर्ट ने जस्टिस
चंद्रचूड़ की सीजेआई के रूप
में नियुक्ति को चुनौती देने
वाले याचिकाकर्ता पर एक
लाख रुपए का जुर्माना
लगाया

Objection On Maintainability Hits Root Of Judicial Proceeding If It Raises 'Pure Question Of Law' Or Points 'Inherent Lack Of Jurisdiction'_ Calcutta HC.pdf

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Objection On Maintainability Hits Root Of Judicial Proceeding If It Raises 'Pure Question Of Law' Or Points 'Inherent Lack Of Jurisdiction'_ Calcutta HC.pdf