Primelink Tradecom Llp v. The State Of West Bengal Through The Additional Chief Secretary

OD-11

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/40/2025 IA NO: GA/1/2025 PRIMELINK TRADECON LLP VS.

THE STATE OF WEST BENGAL THROUGH THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FIRE AND EMERGENCY SERVICES & ORS. BEFORE :

THE HON'BLE THE CHIEF JUSTICE T.S. SIVAGNANAM And THE HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS) Date : 14th February, 2025 Appearance :

Mr. Soumya Majumder, Sr. Adv.

Mr. Shounak Mukhopadhyay, Adv.

Mr. Kallol Saha, Adv.

Mr. Akash Ghosh, Adv.

...for appellant Mr. Sandip Ghose, Adv.

Mr. Sundarsan Roy, Adv.

Mr. Debayan Ghosh, Adv.

Mr. Niladree Mukherjee, Adv.

...for respondent nos.4-12 Mr. Joydip Kar, Sr. Adv.

Mr. Chayan Gupta, Adv.

Mr. Dwip Raj Basu, Adv.

Mr. Soumyajit Mondal, Adv.

Mr. Rittick Chowdhury, Adv.

...for respondent no.15 Mr. Saptangsu Basu, Sr. Adv.

Mr. Rishav Karnani, Adv.

Ms. Milli De, Adv.

...for respondent no.16 The Court : This intra-court appeal has been filed by the appellant challenging the order dated 11th February, 2025 passed by the Learned Single

Bench in WPO No. 1109 of 2024. The writ petition has been directed to be listed before the Learned Single Bench on 25th February, 2025 and in the meantime, taking note of the report filed by the Divisional Fire Officer (South), Kolkata, West Bengal Fire & Emergency Services, dated 21.1.2025 the Learned Single Bench had issued certain directions. Firstly, we find that there is no error in the exercise of discretion by the Learned Single Bench in issuing the interim direction. Apart from that, we are to note that as on date there is no fire licence which has been obtained by the appellant for running a business, that too, in a portion of the cinema hall and the report also states that there is no approval for change of occupancy by the competent authority.

Learned senior Advocate appearing for the appellant relied upon a fire licence which has been obtained. Firstly, we need that the said fire licence is obtained based on an online application and after inspection was conducted the Divisional Fire Officer has reported that there are anomalies as self certification by the petitioner and the actual data which revealed during the course of inspection.

Thus, we find no ground to interfere with the impugned order. The appeal, therefore, fails and is dismissed. (T.S. SIVAGNANAM, C.J.) (CHAITALI CHATTERJEE (DAS), J.) SN/S.Das.

AR(CR)