Calcutta High Court (Appellete Side)
Smt. Pratima Dey vs Md. Asgar Ali & Ors on 28 August, 2023
28.08.2023
Item No.02
Court No.6.
S. De
M.A.T. 241 of 2023
With
I.A. No. CAN/1/2023
Smt. Pratima Dey.
Vs
Md. Asgar Ali & Ors.
Mr. Debasis Kar,
...for the appellant.
Mr. Asish Kumar Guha,
Mr. Anirban Dutta,
...for the State.
Mr. Sounak Bhattacharyya,
Mr. Sounak Mondal,
...for the respondent no.1.
Mr. Dipak Kr. Mukherjee,
Mr. Rajib Mukherjee,
Ms. S. Bhaduria,
...for the Municipality.
By consent of the parties the appeal and the
connected application are taken up together for
hearing.
This appeal is directed against a judgment and
order dated January 24, 2023, whereby the writ
petition of the respondent no.1 herein, being WPA
No.21727 of 2022, was disposed of by a learned Single
Judge. The appellant herein was the private
respondent no.6 in the writ petition.
The respondent no.1/writ petitioner claims to be
a tenant under the present appellant. He was
aggrieved by a communication dated July 5, 2022,
issued by the Executive Officer, Bhatpara
Municipality, whereby his Trade Licence stood
withdrawn as he failed to produce "No Objection" from
the landlord.
The learned Judge observed that no provision of
law has been placed before the Court to suggest that a
"No Objection" is required from the landlord for
issuance of certificate of enlistment by the
Municipality. Accordingly, the learned Judge set aside
the order withdrawing the certificate of
enlistment/Trade Licence of the writ petitioner and
disposed of the writ petition by observing as follows :
"The certificate of enlistment
issued on February 10, 2022 is
valid till date. It will be open for
the petitioner to continue his
business with the said certificate
of enlistment as long as the said
certificate remains valid."
Being aggrieved, the private respondent no.6 has
come up by way of this appeal.
We have heard learned counsel for the parties.
We are of the view that this appeal has become
infructuous. We say so, because the learned Single
Judge, while setting aside the Municipality's order
withdrawing the Trade Licence, clarified that the writ
petitioner would be entitled to continue with his
business on the basis of the Trade Licence/certificate
of enlistment so long as the same remains valid. It is
not in dispute that the Trade Lience was valid till
February 9, 2023 and expired after that date by efflux
of time. It will be now for the writ petitioner to obtain
fresh Trade Licence if he wishes to carry on his
business from the concerned premises.
Learned advocate for the appellant says that
liberty should be granted to the appellant to lodge
objection with the Bhatpara Municipality opposing
grant of Trade Licence to the writ petitioner. We are
not inclined to grant any such liberty. If the appellant
has the right in law to oppose the grant of Trade
Licence/certificate of enlistment by the Municipality to
the writ petitioner, the appellant would be at liberty to
do so.
Since we have not called for affidavits, the
allegations contained in the stay application are
deemed not to be admitted by the respondents.
MAT 241 of 2023 is disposed of along with the
application being I.A. No. CAN/1/2023.
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.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
