Bijay Chowdhury v. State Of West Bengal And ORS.

5.1.2021 ks WPA 11063 of 2020 Bijay Chowdhury Vs.

The State of West Bengal & Ors.

Mr. Avirup Mondal, Mr. Anand Jha ... For the Petitioner.

Mr. Pantu Deb Roy, Ms. Susmita Sen ... For the State.

The petitioner has filed the instant writ petition alleging inaction on the part of the Police authority in connection with installation of a mobile tower. Mr. Roy, learned Advocate for the State submits that the petitioner shall use the mobile tower for commercial purpose.

It appears from the averments made in the writ petition that the petitioner has followed all Government rules and regulations for installation of the mobile tower.

However, the petitioner is unable to produce any document showing that the petitioner has got necessary permission from the concerned authorities for installation of the Mobile Tower.

In the absence of any permission granted by the concerned authorities for installation of the Mobile Tower, the petitioner does not have any right to install such Mobile Tower. Thus the allegation of inaction on the part of the Police authorities is without any basis.

The writ petition being WPA 11063 of 2020 is thus devoid of any merit and the same is, accordingly, dismissed.

However, the dismissal of the instant writ petition shall not be a bar in approaching the concerned authorities by the petitioner for permission for installation of the Mobile Tower.

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

(Hiranmay Bhattacharyya, J.)