M Devi v. Municipal Council And 3 Other

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/26/2025 M.Devi Vs Municipal council and 3 others Ms. Yasmeen Begum ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr.Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents January 17, 2025 [AKB] Item Nos.11 The present petition has been filed seeking direction for quashing the notices dated 25.11.2024, 31.12.2024 and 13.01.2025 through which the petitioner has been directed to remove the rolling shutters within the specified time and has also prayed for a direction in the form of mandamus upon the respondent authority directing the Port Blair Municipal council (hereinafter to be referred to as the Council) to allow the petitioner to use the space in front of the shop room.

The learned counsel representing the petitioner submits that the petitioner is a tenant in respect of one shop room bearing no. 2 in the vegetable market at New Mohanpura subject to payment of rent under the Port Blair Municipal Council.

The learned counsel further submits that the directions which have been issued upon the petitioner and asked to be complied through the notices will affect the business of the petitioner, as such, the petitioner has been compelled to approach the Hon'ble Court to seek a direction upon the said Council and prays for allowing the writ application.

Mr. Shatadru Chakraborty, learned senior advocate representing the respondent authorities denies the

contentions of the learned counsel representing the petitioner.

Considered the submission of the learned counsels. From the contention of the learned counsel representing the petitioner it transpires that the petitioner is in possession of a shop room in the vegetable market situated at New Mohanpura and is alleging to be under some directions which cannot be abided by and if abided, it will create hindrance as regards to the business of the petitioner. From the contention it is apparent that the petitioner is a tenant in respect of the shop room situated at the vegetable market in New Mohanpura and is only capable of having her ends meet from the said business, subject to payment of rent to the Port Blair Municipal Council.

Considering the aforementioned facts and circumstances and also considering the fact that no affidavit-in-opposition has been called for, let the writ application be considered as a representation and the authority concerned shall give an opportunity of hearing to the petitioner after serving notice and dispose of the same by passing a reasoned order within four weeks from the date of communication of this order.

Since the writ petition is disposed of without calling for affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

In this context it is to be mentioned that this court has not entered into the merits of the matter. The writ petition is disposed of.

(Supratim Bhattacharya, J.)