Nimai Chandra Sahoo v. State Of West Bengal And ORS.

26.11.2024 Sl. No.159 Ct. No.15 S.A.

WPA 27748 of 2024 Nimai Chandra Sahoo -vsThe State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee Ms. Maitrayee Chatterjee ...for the petitioner Mr. Somnath Ganguli Ms. Kalpita Paul ...for the State Let the affidavit of service filed by the petitioner be kept on record.

The petitioner submits that he has been operating a business, "Nylon Bag and Tripal Centre," at Holding No. 76, Kasba Egra, Egra, Ward No. 7, Purba Medinipur, since 1993 with a trade license from Egra Municipality.

He challenges an order dated November 11, 2024, passed by the Egra Municipality, whereby his trade license has been cancelled.

The relevant part of the said order is quoted below:

"In spite of our reminder letters quoted above, upon you, you have failed to produce Rent Receipt and Agreement copy with the present owner of the land which are essential requisites to renew license permit to run the business namely "Suta Mahal".

Hence, Trade License in respect of your business "Suta Mahal" is here by cancelled. Further course of action will follow usual Govt. Rules."

Learned counsel for the petitioner submits that the order was passed without providing the petitioner an opportunity to be heard and without considering the documents submitted by the petitioner to the Chairman of the Egra Municipality on November 6, 2024.

No one appears on behalf of the Egra Municipality.

Although learned counsel for the petitioner submits that he contacted Mr. Debasish Das, learned counsel for the Municipality, to inform him about the hearing of this case, Mr. Das could not appear before the Court when the matter was called.

In light of these circumstances, I set aside the order dated November 11, 2024. The Chairman of the Municipality is directed to issue a fresh notice to the petitioner regarding the renewal of his license. On the date fixed for the hearing, the petitioner shall be at liberty to produce the necessary documents required for the renewal of the license. After hearing the petitioner and considering the documents submitted, the Municipality shall pass a fresh order regarding the renewal of the license. It is made clear that I have not examined the merits of the case. The renewal of the license shall be considered by the Municipality in accordance with the applicable law.

Accordingly, WPA 27748 of 2024 is disposed of.

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

(Kausik Chanda, J.)