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Calcutta High CourtWPA/11458/2021disposed

Jogendra Kumar Ganoria v. State Of West Bengal And ORS.

2021-07-19Hon'Ble Justice Debangsu Basak2 pages

(Through Video Conference) 19.07.2021 serial no. 08 D d WPA 11458 of 2021 Sri Jogendra Kumar Ganoria Vs.

The State of West Bengal & Ors.

Ms. Sumita Shaw, Mr. Uddipan Banerjee, Advocates ... ... for the Petitioner Mr. Tapan Kumar Mukherjee Mr. Somnath Naskar, Mr. Susovan Sengupta Ms. Supriya Dubey, Advocates ... ... for the State Mr. Tanmoy Mukherjee, advocate ... ....for the private respondents The petitioner complains that the private respondents did not obtain appropriate permission from the Divisional Fire Safety Officer in respect of the premises concerned.

State and the private respondents are represented.

Learned senior advocate appearing for the State submits on instructions that the height of the building is such that the fire safety norms apply to such building and that there is a business being carried on the premises without fire safety norms being adhered to. The online application of the private respondents was found to be incomplete and the same was rejected The fire safety department is proceeding in accordance with law with regard to the building concerned.

Learned advocate appearing for the private respondent submits that there was only one tenant who was carrying on business of manufacturing at a part of the premises. Such tenant subsequently surrendered the tenancy. No longer manufacturing activity is being carried on the premises concerned. Having heard the rival contentions of the parities, it would be appropriate to permit the Divisional Fire Officer to proceed in accordance with law as against the building of the private respondents. The petitioner contends that two complaints are pending. No doubt the Divisional Fire Officer will consider such complaints in accordance with law, in the event there they are not considered earlier. The Divisional Fire Officer will also proceed in accordance with law with regard to the fire safety of the premises is concerned.

WPA 11458 of 2021 is disposed of accordingly.

(Debangsu Basak, J.)