Sanjit Kundu v. Ranaghat Municipality & ORS

01.12.2020 ap W. P. A. 3838 of 2020 I A No. CAN 1 of 2020 (CAN 5031 of 2020) (Via Video Conference) Sanjit Kundu Vs.

Ranaghat Municipality & Ors.

Mr. Soumabho Ghose Mr. Avirup Mondal Mr. Anand Jha ... For petitioner.

Mr. Achinta Banerjee Ms. Indumouli Banerjee ... For Municipality.

Impugned in this writ petition is cancellation notice carrying 'inspection date 18th February, 2020'. Mr. Ghose, learned advocate appears on behalf of petitioner and submits, this writ petition was moved before coordinate Bench (Tapabrata Chakraborty, J) on 23rd June, 2020. He points out that there is record of observation in order made by said coordinate Bench on 23rd June, 2020 that impugned cancellation notice does not disclose reasons, on basis of which same was issued. Mr. Banerjee, learned advocate appears on behalf of the Municipality and submits, said coordinate Bench also directed to file report disclosing materials, on basis of which impugned noticed was passed. He draws attention to the report in form of affidavit filed by his client, pursuant to such direction, which discloses inquiry report

dated 2nd February, 2020. He wants to further point out documents disclosed in his client's rejoinder to the exception taken to this report. He submits still further, the trade licence, which was cancelled, was valid up to March, 2020. As such, there is nothing left in the writ petition to be decided.

It is not necessary for Court to go into the dispute arising on basis of disclosures in the writ petition, inquiry report and affidavits filed thereafter. Fact is that the period of licence has expired. Petitioner, if he so desires, must apply for fresh licence.

The writ petition and connected application are disposed of on above observation made regarding petitioner's requirement to apply for fresh licence. It is made clear that the dispute raised as above has not been gone into.

(Arindam Sinha, J.)