Smt. A.Deivanai v. The Chief Secretary And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/10/2023 Smt A. Deivanai Vs.

The Chief Secretary and another Mr.KMB Jayapal ... for the appellant Ms. Anjili Nag ... for the respondents February 17, 2023 [SR] Item No.1 Heard Mr. KMB Jayapal, learned counsel for the appellant and Ms. Anjili Nag, learned counsel for the respondents.

The appellant is aggrieved by the observation made in paragraphs 1 and 2 of the order dated 13th December, 2022 passed in WPA/495/2022, though, in spite of such observation, the appellant has been given liberty to apply afresh before the Port Blair Municipal Council for allotment of a shop.

Regard being had to the facts and submissions, the nature of relief sought for, we dispose of the appeal at the admission stage, after hearing learned counsel for the parties.

Taking into consideration the facts and submissions advanced by learned counsel for the parties, and after perusing the impugned order passed by Hon'ble Single Judge, we dispose of the appeal directing the appellant to

apply afresh for allotment of a shop within the vicinity of Port Blair Municipal Council within three weeks from today. If such application is filed, the Port Blair Municipal Council is at liberty to consider the application on merit taking into consideration the availability of shops, application of any other persons if filed, rule if any governing the field and scheme of the Port Blair Municipal Council regarding allotment of the shop.

The application may be disposed of within a period of six months from the date of receipt of a copy of this order. It is made clear that we have not expressed any opinion about merit of the claim of the appellant nor we have expressed any opinion as to which resolution the municipality would apply to the entitlement of the appellant/petitioner to get a shop.

With the aforesaid observations, the appeal is disposed of.

( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )