Maharaj Sekh v. State Of West Bengal And ORS.

18.09.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 22028 of 2025 Maharaj Sekh Vs.

The State of West Bengal & Ors.

Mr. Nirmalya Biswas.

Mr. Sumitava Chakraborty.

Mr. Aditya Mondal.

...for the Petitioner.

Mr. Biswabrata Basu Mallick. AGP Ms. Asmita Chakraborty.

... for the State.

Mr. Suddhasatva Banerjee.

... for the private respondent.

1. Affidavit-of-service filed in Court today be kept with the records.

2. The petitioner alleges that the mass complaint lodged against running of the bar cum restaurant by the private respondent filed in September 2025 has not been considered.

3. Allegation is that the license has been issued contrary to the provisions of law.

4. Learned advocate representing the private respondent submits that the license was issued on 2nd September, 2025 and the shop is running. Due enquiries were conducted prior to the issuance of license.

5. Learned advocate representing the State respondents is not ready with proper instructions.

6. As it appears that a representation is pending consideration before the respondent authorities objecting to the running of the bar at the subject location, accordingly, without going into the merit of the same at this stage, the writ petition is disposed of by directing the District Magistrate, Birbhum or his authorized representative to consider the objection filed by the petitioner in accordance with law after giving reasonable opportunity of hearing to all the necessary parties and particularly the private respondent and dispose of the same at the earliest but positively within a period of twelve weeks from the date of communication of this order.

7. All the parties will be permitted to rely upon all documents in support of their respective stand at the time of hearing.

8. As the writ petition is being disposed of without calling for any affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

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

(Amrita Sinha, J.)