Pallab Kumar Giri v. State Of West Bengal And ORS.3

25.08.2022 gd/ssd FMA/682/2022 IA NO: CAN/1/2022 PALLAB KUMAR GIRI VS THE STATE OF WEST BENGAL AND ORS.

Mr. Amal Baran Chatterjee, Mr. Samiran Mandal, Mr. Satadal Chatterjee, Mr. Nitish Samanta Mr. Abhinaba Dan ..for the Appellant.

Mr. Raja Saha ..for the State.

In this intra court appeal the appellant has challenged the order of the learned Single Judge dated 5th October, 2021 whereby WPA 3623 of 2020 has been dismissed by observing that the appellant will be entitled to apply for fresh licence for off-shops of their existing sites or otherwise, upon full compliance with all required formalities afresh and further directing that if such application is made within a period of 30 days, the authorities will consider and dispose of the same in accordance with the applicable rules and law within a period of three months thereafter.

Learned counsel for the appellant has pointed out that since the appellant was suffering from neural disorder and was advised to take rest and also on account of Covid Pandemic, he could not take steps

within time. Hence, at this stage limited submission has been made by the learned counsel for the appellant that the time to file the application for fresh licence be extended by a period of two weeks from today. The prayer has been formally opposed by the learned counsel for the respondents.

Having regard to the circumstances, which have been pointed out by the learned counsel for the appellant, we deem it proper to grant the prayer. Hence, the appeal is disposed of granting further two weeks time from today to the appellant to file an application for fresh licence in terms of the order of the learned Single Judge.

The pending application is also disposed of.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

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