Prasanta Sen v. The Kolkata Municipal Corporation And ORS

ORDER SHEET WPO/519/2019

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PRASANTA SEN VS THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 19th January, 2021.

Appearance:

Mr.Biswaroop Bhattacharya,Adv.

Mr. Suchayan Banerjee, Adv.

Mr. Souradeep Banerjee, Adv.

..for the Petitioners.

Mr. Mr. Alok Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

..for KMC.

Mr. Saptansu Basu, Sr. Adv.

Mr. Ayan Banerjee, Adv.

Mr. D. Dan, Adv.

Mr. Dipayash Dan, Adv.

..for Private Respondent.

The Court :- The petitioner filed the instant writ application challenging the in-action on the part of the Kolkata Municipal Corporation in taking steps to consider his representation, where an allegation was made that the private respondent was carrying on commercial activity at the premises no.221B, Acharya Prafulla Chandra Road, ground floor, Police

Station Ultandanga, Kolkata-700004 without any certificate of enlistment.

The learned advocate representing the Kolkata Municipal Corporation submits, upon instruction, that license has since been granted in favour of the private respondent in November 2019. The learned advocate representing the private respondent submits that he is carrying on business in the aforesaid premises with a valid certificate of enlistment.

In view of the submissions made herein above, no relief can be granted to the petitioner in the instant writ petition, as the private respondent is carrying on his business on the basis of a license granted by the Corporation.

Accordingly the writ petition fails and is hereby dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(AMRITA SINHA, J.) nm