← Library
Calcutta High CourtWPA/21303/2022disposed

Mani Ram Jaiswal v. State Of West Bengal And ORS.

2025-11-19Hon'Ble Justice Krishna Rao2 pages

19.11.2025 Ct. No.25 Sl. No.21 akd W. P. A. 21303 of 2022 [Mani Ram Jaiswal -Vs- The State of West Bengal & Ors.] Mr. Ayan Banerjee Mr. Arijit Bhowmick Ms. Debasree Dhamali Ms. Riya Ghosh ... ... for the petitioner Sk. Md. Galib .. Sr. Govt. Advocate Ms. Jyotsna Roy Mukherjee ... ... for the State 1.

Affidavit-of-service filed by the petitioner today in court is taken on record.

2.

The petitioner has filed present application praying for consideration of his representation for grant of licence for money lending. Initially, the petitioner had made an application to the Sub-Registrar, Kolkata Collectorate, N.S. Road, Kolkata on 08.06.2022 praying for grant of licence of money lending but the same was returned with the endorsement 'no such person in this address is available'. Subsequently, the petitioner has sent the representation to the Department In-charge, Kolkata Collectorate but the same was also returned with the endorsement 'refused'.

The petitioner again sent the representation to the Additional Director, Directorate of Small Saving and the Directorate of State Registrar of Money Lenders but the said application was also returned with the endorsement 'refused'.

3.

The learned counsel for the petitioner submits that time and again, the petitioner had made an application but the same had been returned to the petitioner either 'addressee not available' or 'refused'. He submits that as per Section 11 of the

Bengal Money Lenders Act, 1940, a Sub-Registrar within the local limits in whose jurisdiction the money lending licence is to be issued is the authority to consider the licence for money lending.

4.

The learned counsel for the State-respondents submits that as per Section 11 of the said Act, the Sub-Registrar, Bengal Money Lenders, Kolkata Collectorate is the appropriate authority and as such, if the petitioner approaches the said authority, the said authority will dispose of the representation of the petitioner within a specified time.

5.

In view of the above, the petitioner is directed to submit a fresh representation to the respondent no.5 i.e. Sub-Registrar, Bengal Money Lenders, Kolkata Collectorate, N.S. Road, Kolkata within a period of one week from date and the Sub-Registrar is directed to accept the representation, if any, submitted by the petitioner and to pass appropriate order after giving an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of the representation, by passing a reasoned and speaking order.

6.

W.P.A. 21303 of 2022 is accordingly, disposed of. 7.

Though the instant writ petition is disposed of at the motion stage, all the allegations made therein are deemed to have been denied.

8.

Let urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all necessary formalities.

(Krishna Rao, J.)