Saktigargh Textiles & Industries ... vs Chandernagore Municipal ...
2021 Latest Caselaw 462 Cal

Item No. 20

                                 In The High Court At Calcutta
                                 Constitutional Writ Jurisdiction
                                      (Via Video Conference)
      22.01.2021
        Ct-24
                                     WPA No.10281 of 2020
                          Saktigargh Textiles & Industries Ltd & Anr.
                                               v.
                         Chandernagore Municipal Corporation & Ors.



                         Ms. Amrita Pandey
                                      ... for the petitioner.

                         Mr. Suman Basu
                                     ... for the respondent nos. 1 to 4.

The petitioner prays for issuance of a certificate of

enlistment in favour of the petitioner no. 1 in respect of

the premises being Gondalpara Jute Mills,

Chandernagore, Hooghly.

The petitioner made the application for obtaining

the trade licence on June 11, 2020.

According to the provisions of law the Municipality

is required to consider the application within thirty days.

The petitioner filed representation on November 12,

2020 renewing the prayer for grant of trade lisence.

The petitioner complains that the application for

grant of trade licence has not been considered by the

Chandernagore Municipal Corporation till date.

The learned advocate representing the

Chandernagore Municipal Corporation submits, upon

instruction, that huge sum of money is lying pending in

respect of the said property on account of property tax.

On account of non-payment of the property tax the

prayer of the petitioner for grant of trade licence in the

said property cannot be considered.

In reply to the aforesaid contention of the

Municipality the petitioner relies upon the judgments

delivered by this Court in the matter of Harvinder Singh

v. Kolkata Municipal Corporation & Ors., reported in

(2017) 1 CHN 123 and Subir Bhowmick v. The State of

West Bengal & Ors., reported in (2018) 5 CHN 404. In

the aforesaid judgments the Court was of the opinion

that no extraneous consideration could be made at the

time of granting a certificate of enlistment and the

consideration could only be made in respect of the

conditions mentioned in the law.

The petitioner relies upon Section 141 of the West

Bengal Municipal Corporation Act, 2006 which deals

with the provisions of grant of trade licence.

In view of the above, the instant writ petition is

disposed of by directing the Chandernagore Municipal

Corporation to take necessary steps to consider the

application for grant of trade licence made by the

petitioner, strictly in accordance with law, in the light of

the judgments relied upon by the petitioner, after giving

an opportunity of hearing to the petitioner and the

private respondent herein who happens to be the owner

of the land in question. The same shall be considered

within a period of six weeks from the date of

communication of a copy of this order and the said

respondent shall pass a reasoned order and

communicate the same to the petitioner and the private

respondent immediately thereafter.

WPA 10281 of 2020 stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties after completion of all

legal formalities.

sh                                              ( Amrita Sinha, J.)