Swapan Kumar Roy And ORS. v. Barasat Municipality And ORS.

27.11.2025 Sl. No. 15 Ct No. 3 tkm WPA 24086 of 2025 Swapan Kumar Roy Vs Barasat Municipality & Ors.

Mr. Sayak Majumder ... for the petitioner Mr. Pronojit Roy ... for respondent no. 8 Mr. Suprio Roy Choudhury Mr. Sankar Ghosh ...for the municipality 1.

The petitioner complains that private respondent nos. 7 and 8 are operating a grocery shop from flat no. 003/1 in Block B3 Larica Township, Barasat.

2.

Both the private respondents and the municipality are represented.

3.

The private respondents contend that they had obtained a certificate of enlistment and as such they have the authority to run the shop room. According to the learned advocate for the private respondents, there are other occupants of the complex who are also operating commercial activities. The allegation of the petitioner that there is security threat is entirely unfounded.

4.

Learned counsel for the municipally on the other hand submits that a show cause has already

been issued which has been responded by the respondent nos. 7 and 8, however, no final decision in this regard has been taken.

5.

Having regard to the peculiar facts noted above, I am of the view that the municipality should decide on the issue as to whether the private respondents have the sanction to run the grocery shop from the flat no. 003/1 of the aforesaid premises as per the municipal laws.

6.

The decision in this regard must be taken upon giving an opportunity of hearing to the aggrieved parties by passing a reasoned order as expeditiously as possible preferably within a period of six weeks from date.

7.

With the above observation present writ petition is disposed of.

(Raja Basu Chowdhury, J.)