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

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/495/2022 Smt A Deivanai ... Petitioner Vs.

The Chief Secretary and another ... Respondents Mr. KMB Jayapal ...for the Petitioners Ms. Anjili Nag ...for the respondents December,13 2022 [SR] Item No.8 The petitioner claims that the Port Blair Municipal Council had adopted a resolution in November, 2013 to allot a shop room under the stair case in a local market, in favour of the four persons. The Court, at the outset, is not satisfied whether the shop room can be allowed to function under a staircase.

Be that as it may, the resolution is of the year 2013. The writ petition has been filed in the year 2022. Apart from delay and laches in seeking relief the very right of the petitioner to set up an additional shop room in any municipal market and that too under staircase is wholly suspect.

In those circumstances, petitioner may apply afresh with the Port Blair Municipal Council for allotment of a lawful shop room and the council shall consider the same strictly in accordance with the rules and availability of the

space as also subject to any other pending applications in accordance with law.

The writ petition, being WPA/495/2022 stands disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )