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Calcutta High CourtWPA/19128/2024dismissed

Mithun Ghosh v. State Of West Bengal And ORS.

2025-11-19Hon'Ble Justice Shampa Dutt (Paul)2 pages

19.11.2025 Item No.23 Ct. No. 30 Aloke WPA 19128 of 2024 Mithun Ghosh Vs The State of West Bengal & Ors.

Mr. Malay Bhattacharyya Ms. Shefa Mondal ... for the petitioner Mr. Sirsanya Bandopadhyay Mr. Ritesh Kr. Ganguly ... for the State Mr. Kaustav Banerjee Ms. Ria Kundu ... for the respondent no. 7 1.

Affidavit-of-service filed be kept with the record.

2.

The writ application has been preferred praying for direction upon the respondents to cause a fresh enquiry of the property of the petitioner at Talbona and submit a report to that effect at the earliest and further to command them to act and proceed strictly in accordance with provisions of law. 3.

On hearing the learned counsels for the parties and on perusal of the materials on record, this Court finds that the enquiry reports of the petitioner and the private respondents are on record.

4.

It appears from the enquiry report in respect of the petitioner that he has acquired the land for storage godown on 30.06.2022, whereas the private respondent has acquired his land on 30.09.2021. 5.

The vacancy notification in this case is dated 17.03.222. As such, the petitioner acquired the land

after the vacancy notification and admittedly, on the date of application, the petitioner did not have a suitable godown in his possession which is a mandatory requirement for acquiring a licence. 6.

Considering the said facts, this Court finds no reason to pass an order of fresh enquiry in the present case.

7.

The writ application having not merit stands dismissed.

8.

WPA 19128 of 2024 is accordingly dismissed.

9.

There will be no order as to costs.

10.

Connected application, if any, stands disposed of.

11.

Interim order, if any, stands vacated.

12.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)