Amit Dutta v. State Of West Bengal And ORS.

10.06.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 7267 of 2022 Amit Dutta -versus State of West Bengal & Ors.

Mr. Nitai Chandra Saha, Mr. Abhijit Ch. Majumder.

...For the Petitioner.

Mr. Alok Kumar Ghosh, Mr. Debangshu Mondal.

...For KMC.

Mr. Gobinda Chandra Baidya.

...For the Respondent No.7.

The allegation of the petitioner is that the private respondent is using the residential premises for commercial purpose without obtaining any license from the Kolkata Municipal Corporation. The premises in question is D-71, Ramgarh, Kolkata-700047.

Learned advocate appearing for the private respondent produces a copy of the Certificate of Enlistment for the year 2022-23 wherefrom it appears that there is a license for running Paying Guest House in the said premises and the said enlistment is valid till 31st March, 2023.

From the document which has been produced before this Court by the learned advocate for the private respondent, it appears that the submission of the

petitioner is absolutely incorrect. The private respondent is using the said premises upon obtaining proper license from the competent authority.

In view of the above, no relief can be granted to the petitioner in the instant case.

The writ petition fails and is hereby dismissed. A copy of the Certificate of Enlistment for the year 2022-23 as handed over by the learned advocate for the private respondent be retained with the records. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)