Seth Finance v. State Of West Bengal And ORS.

Item No.- 9 28.03.2025 Rohan Court No. 28 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26783 of 2024 Seth Finance

Versus

The State of West Bengal & Ors.

Mr. Mukteswer Maity, Ms. Mayurika Sadhukhan.

... for the petitiioner

1. Affidavit-of-service filed today is kept with the record.

2. The petitioner is aggrieved by non-consideration of its representation dated January 20, 2023 by which the petitioner had requested the Sub-Divisional Officer, Barasat to take a decision on the petitioner's application for grant of a money-lender's license to a money-lender under Section11 of the Bengal MoneyLenders Act, 1940. The petitioner invites the attention of this Court to a copy of the application at pages 45 to 47 of the writ petition in order to demonstrate that such application for grant of licenses had been filed in the office of the Sub-Registrar of Rajarhat, New Town but the same is still pending consideration. There is nothing on record to show that the said application was received by the authority concerned, however, the petitioner has made an averment at paragraph 7 of the writ petition that he had made such application before the respondent No. 3.

3. Prima facie, it does not appear that the application appended at pages 45 to 47 of the writ petition, is one which had been made online to the respondent No. 3,

inasmuch as the said application itself states that the same has been filed in the office of "the Sub-Registrar of Rajarhat, New Town". Secondly, as indicated above, there is no receipt showing acknowledgement of such application.

4. In such view of the matter, justice would be subserved if the respondent No. 3 is directed to take a decision on the representation dated January 20, 2023 passed by the writ petitioner appearing at page 48 of the writ petition.

5. It is needless to mention that in case no application as represented before this Court (copy whereof is at pages 45 to 47 of the writ petition) has been filed by the petitioner, the petitioner may not be entitled to any consideration at all

6. With the above observations, the writ petition being WPA 26789 of 2024 is disposed of.

(Om Narayan Rai, J.)