Kaushalya Rani Charity Trust vs The Kolkata Municipal ...
2022 Latest Caselaw 5945 Cal

26.08.2022
 Item No.4
Court No.6.
    S. De
                              M.A.T. 1393 of 2021
                             I.A. No. CAN 1 of 2021

                        Kaushalya Rani Charity Trust.
                                     Vs
                   The Kolkata Municipal Corporation & Ors.


                    Mr. Supriyo Chattopadhyay,
                                      ...for the appellant.
                    Mr. Farhaduddin,
                    Mr. Falguni Lahiri,
                                      ...for the respondent no.8.

Mr. Ranajit Chatterjee, Mrs. Tanusree Dasgupta, ...for the K.M.C.

By consent of the parties, the appeal and the

application are taken up together for hearing.

A judgment and order dated November 9, 2021,

whereby W.P.A. 6422 of 2021 was disposed of, is

under challenge in this appeal.

It appears that appellant/writ petitioner is the

owner of premises no. 7/1A, Acharya Jagadish

Chandra Bose Road, Kolkata. The ground floor of the

said premises has been let out to various tenants.

According to the appellant, earlier two businesses

under the name and style of "Feng Shui" and "Family"

were being run from a portion of the ground floor. It is

the grievance of the appellant that those businesses

have been stopped and the concerned premises are

being now used to run Eating Houses. Certificates of

Enlistment appear to have been obtained by the

proprietors of such Eating Houses. The consent of the

appellant who is the landlord was not obtained.

According to the appellant, the landlord's consent or

"No Objection" is necessary for obtaining Trade

License/Certificate of Enlistment.

Mr. Chatterjee appearing for the Corporation

disputes the above proposition. We need not go into

the above controversy.

The appellant urges various factual points,

which are disputed by the respondents, which cannot

be conveniently and effectively adjudicated by a writ

Court. The learned Single Judge has observed in the

order impugned that if it is found that the private

respondents are carrying on businesses illegally

without obtaining due permission from the

Corporation and other authorities, the appellant/writ

petitioner shall always be at liberty to raise such

issues before the Corporation in accordance with law.

We are also told that a civil suit is pending

between the appellant and the private respondents

wherein the appellant has claimed a decree for evicting

the private respondents from the premises they are

occupying. This order shall have absolutely no

bearing on such civil suit.

The grievance that the appellant/writ petitioner

has sought to ventilate in the present writ proceedings,

in our opinion, can be more effectively and

conveniently adjudicated before a civil forum and the

appellant will be at liberty to approach the appropriate

forum for ventilating his grievances in accordance with

law. We have not entered into the merits of the

appellant's grievances. If the appellant/writ petitioner

approaches any other competent forum in accordance

with law, such forum is requested to decide the

appellant's case on merits without being influenced by

anything at all in the present order or the order of the

learned Single Judge.

Since we have not called for affidavits, the

allegations contained in the application are deemed

not be admitted by the respondents.

The appeal being MAT 1393 of 2021 is,

accordingly, disposed of along with the application

being CAN 1 of 2021.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)