Ananda Gopal Saha v. State Of West Bengal & ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction APPELLATE SIDE

Present:

The Hon'ble Justice Shampa Dutt (Paul) WPA 23614 of 2018 Ananda Gopal Saha Vs The State of West Bengal & Ors.

For the Petitioner :

Mr. Kamalesh Chakraborty, Ms. Anita Bhattacharjee, Mr. Dilip Kr. Maiti.

For the Respondents :

Mr. A. Patra, Mr. Partha Sarathi Das, Ms. Shanta Sarkar.

For the State : Ms. Jhuma Chakraborty (virtual). Hearing concluded on : 09.06.2025 Judgment on : 18.06.2025 Shampa Dutt (Paul), J.:

1.

The present writ petition has been preferred by the petitioner who is also the petitioner in WP 30270(W) of 2016 against the private respondents therein with a prayer for direction upon the respondent authority to stop the allegedly unlawful business in the private respondents' property.

2.

It appears from the materials on record in writ petition no. 30270(W) of 2016 that the BDO, Kaliganj has certified that the area in this case is a commercial one.

3.

Documents including trade licence issued by the competent authority to run the shop has been filed by the private respondents herein on affidavit in WP 30270(W) of 2016.

4.

It is on record that the premises of the private respondents is mainly residential with few small shops.

5.

Considering the said facts and materials on record, the writ petition stands dismissed.

6.

There will be no order as to costs.

7.

All connected applications, if any, stand disposed of. 8.

Interim order, if any, stands vacated.

9.

Urgent Photostat certified copy of this judgment, if applied for, be supplied to the parties expeditiously after due compliance. (Shampa Dutt (Paul), J.)