Vikash Kumar Singh v. State Of West Bengal And ORS.

28.02.2025 Sl. No.199(DL) Ct. No.15 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4741 of 2025 Vikash Kumar Singh

Versus

The State of West Bengal & Ors.

Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maity, Ms. Debosri Chatterjee ...for the Petitioner.

Mr. Ayan Banerjee, Ms. Debasree Dhamali ...for the Bally Municipality.

Mr. Subhendu Bandopadhyay, Ms. Dipanwita Ganguly ...for the State-respondents.

The report filed by the State shall be kept on record.

The petitioner challenges the Cancellation Certificate of Trade License appearing at page 77 of the writ petition.

The petitioner alleges that he has been conducting a car parking business at Premises No.58, Netaji Subhas Road, Howrah, Liluah, PIN-711204, with a permanent certificate of enlistment issued by Bally Municipality.

The petitioner contends that the cancellation certificate was issued suddenly, without providing an opportunity for a hearing. Furthermore, the cancellation certificate was not served by the

municipality; instead, it was handed over to the petitioner by the Officer-in-Charge of the local police station.

The municipality has failed to produce any document indicating that the petitioner was heard before the trade license issued to the petitioner was cancelled.

Since the cancellation certificate was issued without affording the petitioner an opportunity to be heard, I set aside the cancellation certificate appearing at page 77 of the writ petition on that ground alone. This order, however, does not prevent the municipality from initiating appropriate proceedings against the petitioner in accordance with the law. Accordingly, WPA 4741 of 2025 is disposed of. Urgent certified copy of this order, if applied for, be supplied to the parties on compliance of usual undertakings.

(Kausik Chanda, J.)