Md. Abbas Alam v. State Of West Bengal & ORS.

06.08.2025 (D/L-124) Ct.-23 (Nandita)

IN THE HIGH COURT AT CLACUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 16562 of 2009 With IA No: CAN 1 of 2009 (Old No: CAN 10139 of 2009) Md. Abbas Alam -VsThe State of West Bengal & Ors.

1. The petitioner approaches this Court for direction to allow the petitioner only to collect the rent from the retail vendors for use of land of the hat owned by him. He has no objection if any whole sale business transfers from the Panjipara hat by the Islampur Regulated Market committee to any other places.

2. It is further contention of the petitioner that he has no objection against shifting of whole sale business transfers from Panjipara hat but the committee cannot shift the retail vendors/business from there and compel them to go to Ramjan Ali Bazar for doing retail transaction since vendors are selling and buying of various cattle like cow, buffalo, goat etc.

3. None appears on behalf of either of the parties. No accommodation is sought for.

4. This case pertains to year 2009 and pending for about 16 years.

5. Considering the nature of prayer and long pendency of this case, this Court proposes to dispose of this case on merits.

6. From perusal of the Memo No. IRM/291-D/

(42) dated 22nd June, 2009 annexed with the writ petition clearly indicates that the SubDivision Officer & Ex- Officio Chairman, Islampur Regulated Market Committee decided to shift the whole sale transaction with the Panjipara Sub- Market Yard "Ramzan Ali Bazar" for smooth functioning of business affairs as per provision of the W.B. A.P.M. (R) Act, 1972 and Rules made thereunder.

Furthermore, it seems petitioner's purpose has been solved or has abandoned his prayer due to passage of time.

7. In view of the facts, W.P.A. 16562 of 2009 is, thus, dismissed.

8. Consequently, CAN 1 of 2009 (Old No: CAN 10139 of 2009) also stands disposed of.

9. Interim order, if any, stands vacated.

10. There shall be no order as to costs.

11. The parties are to act on the server copy of this order duly downloaded from the official website of this Court.

(Ajay Kumar Gupta, J.)