Pratap Kumar Das v. State Of West Bengal And ORS.

20.09.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 19735 of 2023 Pratap Kumar Das -versus The State of West Bengal & Ors.

Mr. Sayan Chattopadhyay, Ms. Ayesha Iman.

...For the Petitioner.

Mr. Asish Kumar Guha, Mr. Benazir Ahmed.

...For the State.

Mr. Subhasis Bandopadhyay.

... For the Municipality.

The petitioner is aggrieved by the alleged act of the Burdwan Municipality in putting padlock on the shop room which was given on lease by the Burdwan Municipality.

It appears that the petitioner is not the lessee of the shop room. The Municipality submits that the lease expired in the year 2019 and thereafter, steps have been taken for recovery of the leased property. The petitioner submits that he entered into an agreement with the erstwhile lessee for using the shop room.

The Court is not convinced with the locus of the petitioner in filing the present writ petition. There may be an internal arrangement between the lessee and the petitioner, but that will not entitle the petitioner to file

writ petition against the Burdwan Municipality seeking infraction of the condition of lease.

In view of the above, the Court is not minded to exercise jurisdiction in the matter.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)