Calcutta High CourtWPA/3786/2023disposed

Ayushi Parking Run By Its Proprietor Rajesh Kumar Tewary v. State Of West Bengal And ORS.

2023-02-22Hon'Ble Justice Rajasekhar Mantha2 pages

22.02.2023 Court No.13 Item No.25 pk WPA 3786 of 2023 Ayushi Parking Vs.

The State of West Bengal and Ors.

Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K. Raihan Ahmed, Mr. Rudranil Das ... For the petitioner.

Mr. Nilanjan Bhattacharjee, Mr. A. Chatterjee ... For the private respondents.

Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder ... For the Howrah Municipal Corporation.

The writ petitioner is aggrieved that Bantra Police Station has not taken steps despite complaint against the private respondents of unauthorised parking.

The petitioner is licensee to run a parking space between K-6 Bus Stand to Chatterjee Para More under the Howrah Municipal Corporation.

Counsel for the petitioner submits that the private respondents are interfering and forcibly parking vehicles without making payment.

Counsel for the private respondents submits that they have made payment to the petitioner in cash but were never issued any money receipts.

Bantra Police Station submits that since after receipt of the complaint, they have cleared all

unauthorised parking within the area of licence granted to the petitioner by the Howrah Municipal Corporation. Bantra Police shall continue to do so and ensure that there is no unauthorised parking outside the licence area of the Howrah Municipal Corporation.

The private respondents may park the vehicles within the parking lot run by the petitioner subject to compliance of rules, i. e. between 7 a.m. to 10 p.m. and against payment of parking fees for which the petitioner shall issue money receipts.

The receipt shall indicate the entire break up of any taxes and applicable government duties.

Bantra Police shall, however, ensure that there is absolutely no breach of peace in the area.

In view of the above, the writ petition is disposed of.

There will 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.)