Jayanti Bose (Nee Ghosh) v. Baranagar Municipality & ORS

05.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17792 of 2019 Smt. Jayanti Bose (nee Ghosh) -versus Baranagar Municipality & Ors.

Ms. Sushmita Dutta, Mr. Manas Malakar.

...For the Petitioner.

Mr. Arijit Dey.

...For the Municipality.

Mr. Subrata Ghosh.

...For the Respondent no.5.

The petitioner intends to run the business which was originally run by One Siddhartha Ghosh under the name and style of M/s. Ultra Ink Industries.

After the death of the proprietor Siddhartha Ghosh, the business has been stalled as the private respondent objected to the grant of certificate of enlistment in favour of the petitioner who claims to be the sister of deceased Siddhartha Ghosh.

Learned advocate appearing for the private respondent specifically submits in Court that he does not have any objection if the trade license/ certificate of enlistment is issued in favour of the petitioner herein. At this point of time, learned advocate appearing for the Municipality submits that the license could not

be issued only because of the objection raised by the private respondent.

As it appears that the private respondent has categorically submitted in Court that he does not have any objection if the trade license/ certificate of enlistment is issued in favour of the petitioner, accordingly, the Court directs the Baranagar Municipality to take steps for issuance of trade license/ certificate of enlistment in favour of the petitioner herein subject to compliance of all necessary formalities and upon payment of the requisite fees.

Steps shall be taken in the matter at the earliest, but positively by 28th July, 2023.

The private respondent is restrained from raising any further objection with regard to the issuance of trade license/ certificate of enlistment in favour of the petitioner herein as he has already expressed his no objection if the same is granted in favour of the petitioner.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)