D/L. 21 30.07.2026 Ct. No.30 Mujahid WPA 11002 of 2026 St. Augustine’s Day School & Anr. Vs. The State of West Bengal & Ors. Mr. Rittick Chowdhury Mr. Ramji Munsi Ms. Champa Pal …for the petitioners Mrs. Soma Chakraborty …for the State 1. The writ application has been preferred for praying a direction upon the respondent no.2 being the Controlling Authority to decide the preliminary issue raised by the petitioners regarding maintainability of the proceedings on the ground of territorial jurisdiction in Case No. G-113 of 2024. It is stated by the petitioners that though the issue was raised before the Controlling Authority, the Controlling Authority passed the following order:- “Order dated 30.03.2026 Both parties are present. A/R of the O.P. Company filed petition on maintainability ground. On the other hand A/R of the applicant verbally raised strong objections against the petitioner and on verbal argument sated that already 12 hearings performed and finally today is fixed for filing EIC by the OP and at this stage OP company 2 cannot file maintainability petition and it is not accepted now. In view of the above the controlling authority is of the opinion that the order of the maintainability point will be reflected at final order i.e. findings of this instant case nownthe case will be heard as per order dated 12.02.2026 i.e. filing EIC of the OP company. Next date is fixed on 17.04.2026 at 4pm.” 2. Considering the fact that when point of territorial jurisdiction has been raised though at a belated stage, the Controlling Authority should have first decided the preliminary issue regarding maintainability on the ground of territorial jurisdiction. As such, the impugned order dated 30.03.2026 being not in accordance with law is set aside. 3. The writ application is disposed of with a direction that the respondent no.2 herein shall first hear the matter on the point of maintainability in respect of the issue raised as to the territorial jurisdiction of the concerned authority. The concerned authority shall also keep in mind the judgment in review passed by this Court in the case M/s. Murlidhar Ratanlal Exports Limited Vs. The State of West Bengal & Ors., in RVW 69 of 2026 with CAN 1 of 2026, in WPA 2944 of 2026 and 3 ors., on 16.04.2026, while deciding the issue of maintainability. 4. The writ application stands disposed of. 5. Uregent Photostat certified copy of this order, it applied for, be given to the parties as expeditiously as possible on compliance of necessary formalities. (Shampa Dutt (Paul), J.)