Smti. Kalpana Singh v. The Sri Vijaya Puram Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ******** PRESENT: HON'BLE JUSTICE MD. SHABBAR RASHIDI WPA/327/2025 Smt. Kalpana Singh ... Petitioner

Versus

The Sri Vijaya Puram Municipal Council and others ... Respondents For the petitioner : Mr. Adarsh Ilango Mr. Deb Kumar Bawali For the respondent Nos. 1 to 4 : Mr. Rakesh Kumar Heard on : 05.08.2025 Judgment on : 05.08.2025 MD. SHABBAR RASHIDI, J.

(per court) 1.

The instant writ application has been filed seeking a direction upon the official respondents being respondent No. 1 to 4 to consider the representation filed by the petitioner for renewal of license and also for eviction of the caretaker. 2.

It is the case of the petitioner that the petitioner was allotted a shop room situated at Bhathubasti Vegetable Market under Andaman & Nicobar Islands Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2016 on August 02, 2021. A vending license was issued in the name of

the writ petitioner which was valid between 02.08.2021 and 01.08.2023. In terms of such vending license issued by the authorities, the petitioner has been selling vegetables from the allotted slot.

3.

It is further stated on behalf of the petitioner that she had to back to the mainland due to certain medical conditions, in the month of September, 2021. In her absence she appointed respondent No. 5 to be caretaker of her business. The writ petitioner returned in 2022 and approached the respondent No.5 to quit and vacate the slot allotted in her name. The said caretaker went on purchasing time and ultimately, he refused to vacate the premises of the petitioner. It is also submitted by the petitioner that the aforesaid caretaker is still paying taxes for the allotted slot in the name of the writ petitioner. 4.

In the meantime the validity of the license issued in the name of the petitioner expired due to efflux of time which was valid till 01.08.2023. Petitioner applied for renewal of her license on June 19, 2025 and also for removal of the caretaker. Learned advocate for the petitioner submits that prior to applying for the renewal of her license in writing, the petitioner approached the authorities on several occasions for renewal of her license.

5.

Learned advocate for the petitioner submits that till date the representations of the petitioner have not been considered and disposed of by the authorities.

6.

On the other hand, learned advocate for the official respondents No.1 to 4 submitted that the petitioner never approached before the authorities for renewal of her license. It is also submitted that the license issued in the favour of the petitioner expired with August 01, 2023 by efflux of time. However, learned advocate for the respondent could not apprise the Court as to the result of the representations submitted on behalf of the petitioner.

7.

Having considered the submissions made on behalf of the parties and also considering the materials placed before this Court, it transpires that it is admitted position that the petitioner was issued with a vending license which was valid between August 02, 2021 and August 01, 2023. According to the learned advocate for the respondents, license issued in favour of the petitioner has already expired with August 01, 2023 by efflux of time. Learned advocate for the petitioner has claimed that the representations for seeking renewal of license has been pending with the authorities which was filed by the petitioner lastly on June 19, 2025. Learned advocate for the respondent authorities could not explain, in course of hearing

that such representation dated June 19, 2025 has been considered and decided upon by the authorities. 8.

In such circumstances, the writ petition is disposed of with a direction upon respondent No. 1 to 4 to consider and dispose of the representations filed by the writ petitioner in accordance with law, as early as possible, preferably within one month from the date of communication of this order. 9.

In considering the representations filed by the petitioner, authorities will be at liberty to provide the writ petitioner an opportunity of being heard.

10.

The authorities will hear such other parties and consider such documents as it deems fit in consideration of the representations.

The authorities are also directed to communicate the result of their decision to the writ petitioner and the parties they heard within fortnight from the date of the decision.

11.

WPA/327/2025 is disposed of accordingly.

12.

Urgent photostat certified copy of this judgment, if applied for, be supplied to the parties on priority basis upon compliance of all formalities.

(Md. Shabbar Rashidi, J.)