Smti. M. Devi v. The Secretary And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/50/2025 [IA NO: CAN/1/2025] Smti. M. Devi Vs.

The Secretary and Others Mrs. Yasmeen Begum ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents January 31, 2025 [SR] Item no. 5 1.

Writ petition is heard in presence of the learned advocates representing the petitioner and respondents. 2.

By presenting this writ petition, inter alia, order of the Secretary, Sri Vijaya Puram Municipal Council (hereinafter referred to as the said Council) dated 29th January, 2025 has been assailed.

3.

It has been submitted by the learned advocate representing the petitioner that in terms of the order dated 17th January, 2025 passed by a Coordinate Bench in the previous writ petition, concerned authority of the said council is required to pass a reasoned order. In the impugned order, relevant materials as relied upon by the petitioner were not taken into consideration. In support of such submission, attention of this Court has been drawn to pages 39 and 83 of the writ petition containing certain documents generated by the said Council relating to fixation of shutters by the shopkeepers of Mohanpura Vegetable Market.

4.

According to the petitioner, these materials are relevant in deciding the issue whether petitioner being one of the shopkeepers of the said market can maintain such rolling shutter or not occupying verandah adjacent to the shop. 5.

Mr. Shatadru Chakraborty, learned senior advocate representing the said council has made submissions to defend the decision of the Secretary of the said Council dated 29th January, 2025 and it is submitted that purpose of issuing these two documents at pages 39 and 83 of the writ petition is completely different and that in no way authorise the petitioner to occupy the verandah by installing a rolling shutter. According to the council that was not the purport of aforesaid two relevant documents.

6.

At first blush, on perusal of the impugned order dated 29th January, 2025 issued by the Secretary of the said Council it appears that the same is bereft of reasons. Coordinate Bench by its order dated 17th January, 2025 directed the concerned authority of the said Council to pass a reasoned order which appears to have not been complied with in its true letter and spirit since the order, under challenge, dated 29th January, 2025 is devoid of reasons.

7.

While taking final decision on the right of the petitioner to install rolling shutter occupying verandah adjacent to shop, the authority of the said Council is required to take into consideration relevant materials which will be produced during deliberation including the documents dated 21st/22nd October, 2011 issued by the Revenue Officer of the then Municipal Council which is at page 83 and another document containing

decision in reference to the Agenda no.26 of meeting dated 17th June, 2014 of Sub Committee for Finance Taxation and Accounts at page 39 of the writ petition.

8.

The concerned authority briefly should assign reasons as to why these documents are not applicable in the present case if it is found after hearing the petitioner that said documents are not relevant.

9.

In view of aforesaid discussion, the impugned order dated 29th January, 2025 is set aside directing the Secretary of Sri Vijaya Puram Municipal Council to revisit the issue within a period of four weeks from date after granting opportunity of hearing to the petitioner and reasoned decision shall be passed which shall be communicated to the petitioner by seven days thereafter.

10.

The petitioner shall be put on seven days notice prior to the date of hearing to be fixed and petitioner shall not be granted any unnecessary adjournment except for the reason which is beyond the control of the petitioner. 11.

The writ petition and the connected application being CAN/1/2025 are disposed of.

12.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )