Shaineincana Food Ventures Pvt Ltd & ANR v. State Of West Bengal & ORS

D.L. 23.

29.09.2020 S.D.

W.P.A. 6685 of 2020 With CAN 1 of 2020 (Old CAN No. 5573 of 2020) ShaineIncana Food Ventures Private Ltd. & Anr. Vs.

The State of West Bengal & Ors.

(Via Video Conference) Mr. Ratul Das Mr. Soumyajyoti Nandy ....for the petitioners.

Mr. Bikram Banerjee .....for the Respondent No. 4.

Mr. Rajat Dutta Mr. Sudipta Dasgupt ...For the Respondent.

In re: CAN 1 of 2020 (Old CAN No. 5573 of 2020) This is an application for urgent hearing of the writ petition and is disposed of by taking up the writ petition for consideration.

Petitioner complains of police inaction.

Learned Advocate appearing on behalf of the petitioners submits that, the authorities of City Centre Mall is not

allowing the petitioners to remove the kiosk as also the goods lying there.

State and the City Centre Mall authorities are represented.

Learned Advocate appearing on behalf of the City Centre Mall submits that, there are dues payable by the petitioners on account of the occupation charges, which Mall Authorities has the right to recover from the petitioners in accordance with law. He submits on instructions that, the petitioners can remove kiosk and the materials lying there. In such circumstances, the police authorities will ensure that, no breach of peace occurs at the locale when the petitioners remove the kiosk as well as the goods lying in the Mall. City Centre Mall is at liberty to institute appropriate proceedings to recover their claim as against the petitioners before the appropriate forum.

It is contended on behalf of the petitioners that, the petitioners also have claim against the authorities. It is for the private parties to have such disputes settled before the appropriate forum in accordance with law. W.P.A. 6685 of 2020 is disposed of accordingly without any order as to costs.

(Debangsu Basak, J.)