Ratna Das v. State & ORS

09.12.2021.

Court No.13 Item No. 36 ap W.P.A. No. 14360 of 2009 (Through Video Conference) Ratna Das

Versus

The State of West Bengal & Ors.

Mr. Probal Mukherje, ld. Sr. Advocate, Mr. Suhrid Sur.

...For the petitioner.

Mr. Joydip Kar, ld. Sr. Advocate, Mr. Subhasis Sarkar, Mr. Tanjir Ali.

...For the respondent nos.2 to 6.

The writ petitioner is aggrieved by a resumption notice dated 31st July, 2009 issued by West Bengal Small Industries Development Corporation Limited. The said respondent was of the view that since the petitioner has not commenced business, his licence in respect of the said plot of land under the 1976 Act has come to an end.

The parties were in negotiation as already recorded by a Co-ordinate Bench of this Court earlier. It appears that the negotiations have not fructified on the earlier occasions. Affidavits have been filed and the same are taken on record.

Having heard the leaned Counsel appearing for the respective parties, this Court directs the petitioner to approach West Bengal Small Industries Development Corporation Limited with a

comprehensive representation within a period of seven days from date.

The West Bengal Small Industries Development Corporation Limited and the appropriate Authority thereunder shall give a personal hearing to the petitioner, consider his representation and dispose of the same in accordance with law.

If the parties within the aforesaid period enter into any settlement or agreement, they shall be entitled to do so on mutually agreed terms and conditions.

The aforesaid exercise shall be completed within a period of two months from date.

The resumption notice shall not be given effect for a period of 75 days from date.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)