Swastik Advertising Agency And ORS v. Cooch Behar Municipality And ORS

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 29.07.2025 Ct. No. 2 adeb WPA 1256 of 2025 Swastik Advertising Agency & Ors.

Vs.

Cooch Behar Municipality & Ors.

Mr. Kunaljit Bhattacharjee Mr. Alok Sah ...for the petitioners Ms. Suman Sehanabis ...for the Municipality Mr. Subir Kumar Saha, Ld. AGP Mr. Kumar Shantanu ...for the State Ms. Shris

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Matter is heard in presence of the learned advocates representing the parties. Grievance of the petitioner is petitioner being an agency was permitted by the erstwhile Municipal Board, Coochbehar to display advertisement on roads under the jurisdiction of Coochbehar Municipality but now due to non renewal of agreement petitioners are not being permitted to display advertisement. It is also submitted that the decision of the municipality on the issue of renewal of contract which would permit the petitioner to function as an agency relating to putting up advertisement has not yet been communicated to the petitioner. Petitioner prays for necessary direction for renewal of contract

permitting the petitioner to function as advertising agency.

3. Learned advocate representing Coochbehar Municipality has placed before this Court a decision dated 30th May, taken by Coochbehar Municipality by conducting meeting which was communicated to the learned advocate representing the municipality vide memo dated 13th June, 2025. It is submitted on behalf of said municipality that this decision dated 30th May, 2022 covers all similar cases. Copy of the communication dated 13th June, 2025 issued by the Chairman, Coochbehar Municipality enclosing decision of the municipality dated 30th May, 2022 are taken on record.

4. On perusal of the said decision dated 30th May, 2022 it transpires that all the previous contracts with the advertising agencies including the petitioner were terminated.

5. Similar issue was considered by a coordinate bench in a writ petition being WPA 2207 of 2024 (Bells Advertising Syndicates Vs. Cooch Behar Municipality) and an order was passed on 17th June, 2025 wherein it was decided that due to cessation of contract in between the advertising agency and municipality no relief can be granted.

6. In view of the decision taken by the said municipality dated 30th May, 2022 and taking note of the order of

the coordinate bench dated 17th June, 2025 this Court finds that no relief can be granted to the petitioner.

7. Hence, writ petition stands dismissed.

8. However, this order shall not preclude the petitioner to take steps in accordance with law, if contractual obligation is violated.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertaking. (Saugata Bhattacharyya, J.)