Hemant Bangur And ORS. v. State Of West Bengal And ORS.

OD - 2 ORDER SHEET WPO No.288 of 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE HEMANT BANGUR & ORS.

VS STATE OF WEST BENGAL & ORS.

BEFORE :

The Hon'ble JUSTICE AMRITA SINHA Date: 18th July, 2024.

Appearance:

Mr. Ariruddha Chatterjee, Adv.

Ms. Upama Bhattacharjee, Adv.

....for the Petitioners.

Mr. Amitesh Banerjee, Sr.

Standing Counsel.

Ms. Ipsita Banerjee, Adv.

...for the State.

The Court:- The petitioners allege that the private respondents, who are the tenants of the petitioners, are running business without obtaining necessary permission/licence from the respondent authorities. Learned advocate representing the State respondents has obtained instruction from the police authorities which mentions that M/S. Hotel Avenue Club, owned by the respondent no.8, has obtained police licence at 95A, Chittaranjan Avenue, Kolkata-700073 under Bowbazar Police Station and the said licence has been renewed till 31.03.2022 on production of Fire Licence for the period 30.04.2020 to 29.04.2022, trade licence for 2020-21 with nature of trade-hotel without star and without Bar and declaration from the applicant has been received regarding renewal of fire licence in due course. None appears on behalf of the Corporation.

Prima facie, it appears that the private respondents are running business with the necessary licences.

In view of the above, allegation of the petitioners that the private respondents are running business without proper licences/permission cannot be substantiated.

The writ petition fails and is hereby dismissed. Instruction forwarded by the Treasurer, Pass Section, Kolkata Police Directorate dated 5th August, 2021 be retained with the records. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all legal formalities. (AMRITA SINHA, J.) nm