Md. Ashfaque Alam v. The State Of West Bengal And ORS.

D/L 29 13.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 29344 of 2024 Md. Ashfaque Alam Vs.

State of West Bengal & Ors.

Mr. Subhasish Pachhal ...for the Petitioner.

Mr. Satyajit Talukdar Mr. Arindam Chatterjee ...for the Respondent nos.2-6.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner seeks for transferring the license of Stall No. 56 in the Howrah Fish Market in his favour.

3. The fish license was issued by the Assistant Director, Fisheries in the name of Saha & Company and the proprietor was the father of the petitioner.

4. A possession certificate by the Howrah Improvement Trust under the Urban Development Department was issued in favour of the said Saha & Company in the year 1997.

5. The petitioner submits that his father expired on 6th May, 2017.

6. The petitioner prays for a direction upon the authority to record his name in place and instead of his father, since deceased.

7. The father of the petitioner has left behind his widow and two daughters as his heirs and legal representatives. The petitioner claims that the other legal heirs of his father

do not have any objection if the name of the petitioner is incorporated in the license.

8. On a perusal of the writ petition, it appears that the other legal heirs of the deceased Hazi Md. Khurshid Alam, the father of the petitioner, have not been impleaded as party respondents in the instant writ petition. Their stand is not clear to the Court.

9. The prayer of the petitioner for incorporating his name is pending consideration before the Chief Executive Officer, KMDA.

10. Without entering into the merits of the claim of the petitioner, the instant writ petition is disposed of by directing the Officer on Special Duty & Executive Officer, Senior Deputy Secretary, H.I.T. Wing, KMDA being the respondent no. 6 herein to take a decision on the prayer of the petitioner in accordance with law after giving reasonable opportunity of hearing to all the necessary parties.

reasoned order shall be passed and communicated to the petitioner immediately thereafter.

11. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order.

12. The writ petition stands disposed of.

13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)