Kakali Rani Bera v. The State Of West Bengal And ORS.

27.09.2022 Sl. No.52(DL) srm W.P.A. No. 3352 of 2022 Smt. Kakali Rani Bera Vs.

The State of West Bengal & Ors.

Mr. Sajal Kumar Ghosh ....for the Petitioner.

Mrs. Sudipa Ray, Mr. Srinath Singha Roy ...for the State-respondents.

Affidavit-of-service is taken on record. Despite service, none appears on behalf of the respondent Nos.3 to 5.

The petitioner is aggrieved by the silence which has been maintained by the Pradhan of Brindabanpur-I Gram Panchayat, District-Purba Medinipur, despite several requests for renewal of the trade licence to run her jewellery business.

It appears that the Joint Secretary to the Government of West Bengal, Department of Panchayat and Rural Development, had requested the District Magistrate, Purba Medinipur to look into the matter and inform the petitioner as also the department about the action taken. The District Magistrate, Purba Medinipur intimated the Sub-Divisional Officer, Tamluk to look into the matter on

the basis of the request of the Joint Secretary to the Government of West Bengal, Department of Panchayat and Rural Development. It also appears that till date, no action has been taken by the authorities.

Under such circumstances, the writ petition is disposed of with a direction upon the District Magistrate, Purba Medinipur to look into the matter and take a decision in this regard. It appears that the District Magistrate and the concerned Sub-Divisional Officer have failed to take steps despite being directed by the Joint Secretary to the Government of West Bengal, Department of Panchayat and Rural Development to look into the allegations of the petitioner with regard to such inaction of the panchayat authorities. If necessary, the petitioner as also the panchayat authorities and any other interested party shall be heard. A reasoned order shall be passed and communicated to all concerned. If there are reasons for non-renewal of the trade licence, then the same shall be disclosed in the order to be passed by the District Magistrate. If there are no impediments towards grant of trade licence, then necessary directions shall be issued upon the competent authority so that the trade licence is renewed expeditiously.

It is mandatory that the entire exercise is completed within a period of six weeks from the date of communication of this order.

The writ petition is, thus, disposed of.

There will be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)