Debabrata Das v. The State Of West Bengal And ORS

OD-10 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/129/2025 IA NO:GA/1/2025, GA/2/2025 DEBABRATA DAS -VS THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA And The Hon'ble JUSTICE AJAY KUMAR GUPTA Date: June 12, 2025.

Mr. R. Deb, Adv.; Ms. R. Nandy, Adv.; Mr. R. Gupta, Adv., appear. Mr. A.K. Ghosh, Adv.; Mr. S. K. Debnath, Adv.; Mr. S. Basu, Adv., appear. Mr. M. Malhotra, Adv.; Mr. S. Mondal, Adv., appear.

1. The Court: Sufficient grounds are available explaining the delay of 110 days in filing the appeal.

2. GA/1/2025 accordingly stands allowed. The appeal is heard.

3. Having heard the learned counsel for the parties, this Court finds absolutely no reason to interfere with the impugned order. The order permits the petitioner to sell tea from a movable cart.

4. The petitioner, however, claims that since his licence from the KMC is for vending from a stationary position, he is entitled to park his cart permanently at any place.

5. Such prayer cannot be acceded to as it may violate the traffic regulations of the city and the policy of the KMC.

6. In view of the above observations, APOT/129/2025 along with the other connected application stands dismissed.

(RAJASEKHAR MANTHA, J.) (AJAY KUMAR GUPTA, J.) tk