M/S Chakraborty Drug House And ORS v. State Of West Bengal And ORS.

11.03.2022 Court No.13 Item No.28 sp WPA 862 of 2022 M/s. Chakraborty Drug House & Ors.

Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Rahul Karmakar, Mr. J.D. Roy ... For the Petitioners.

Mr. Anirban Ray, ld. G.P., Mr. Raja Saha, Mr. Biswabrata Basu Mullick ... For the State.

Mr. Aniruddha Chatterjee, Mr. Tanmoy Mukherjee, Ms. Shila Sarkar, Mr. Souvik Das ...for the respondent no.6 Affidavit of service filed in Court today is taken on record.

The writ petitioner no.1 had applied for fresh licence to sell and distribute medicinal drugs from the respondent no.2. The said application is since pending without disposal.

The private respondent submits that the petitioner was never in possession of the said property where the licence has been applied for carrying out the trade in question. It is further submitted that there is eviction decree against the petitioner and the same is pending challenge in appeal before this Hon'ble Court.

Since the private respondent/landlord is entitled to be heard by the respondent no.2, it is ordered that the respondent no.2 shall dispose of the petitioner's representation after hearing the private respondent as also the petitioner, by a reasoned order, preferably within a period of two months from the date of communication of a copy of this order.

The private respondent has already filed an objection before the authority, which may be considered in accordance with law.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)