Aryan Dhatu Private Limited And ANR. v. State Of West Bengal And ORS.

11.04.2025 ASSIGNED MATTER Sl. No. 15 Ct No. 2 SG WPA 2422 of 2025 Aryan Dhatu Private Limited & Anr.

Vs State of West Bengal & Ors.

Mr. Sandipan Ganguly, Sr. Adv.

Mr. Srijib Chakraborty, Ms. Manaswita Mukherjee, Mr. Pankaj Agarwal, Ms. Muskan Agarwal.

...for the petitioners Mr. Swapan Banerjee, ld. AGP Mr. Dipanjan Datta, Mr. Soumen Chatterjee.

...for State 1.

Mr. Sandipan Ganguly, learned Senior Counsel appears for the petitioners.

2.

Mr.

Swapan Banerjee, learned Additional Government Pleader appears for the State.

3.

This writ petition has been heard yesterday extensively and the order passed on April 10, 2025 speaks for itself.

4.

Today when the matter has been called on, Mr. Banerjee has placed a written instruction dated April 10, 2025 issued under the seal and signature of the Inspector-in-Charge, New Town Police Station. The same is kept on record. Copy of the same has been made over to the petitioners.

5.

Mr. Banerjee submits that seven days time may be given to De-seal the said two subject shop room

nos. 206 and 207, upon compliance of all the formalities. He further submits that before inducting any new licensee, tenant or lessee at the said two shop rooms, the writ petitioners must comply with the legal guidelines which are prevailing at the New Town, Kolkata, under the Bidhannagar Police Commissionerate.

6.

In view of the above, nothing further survives in this writ petition.

7.

As per the submissions made on behalf of the State, the State authorities shall De-seal the premises and make over the possession of the said two shop rooms in favour of the petitioners positively within a period of seven working days from today, upon compliance of all the legal formalities, if any. 8.

In view of the submissions made on behalf of the State, as recorded above, it is also made clear that, if there is any legal requirement prevailing at the New Town Area under the Bidhannagar Police Commissionerate to be complied with prior to grant of lease, tenancy or licence of the said shop rooms by the owners, the same shall be complied with by the petitioners.

9.

It is made clear that, this Court has not gone into the merits of the rival contentions of the parties. The jurisdictional criminal court while proceeding with

the trial of the case shall proceed independently on the merit of the case and without being influenced by observation, if any, made by this Court.

10.

Since affidavits are not called for, the allegations made in this writ petition are taken not to have been admitted by the respondents.

11.

With the above observations and on the basis of the submissions made on behalf of the parties, this writ petition being WPA 2422 of 2025 stands disposed of, without any order as to costs.

12.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Aniruddha Roy, J.)