Calcutta High Court (Appellete Side)
Care Private Limited vs The State Of West Bengal & Ors on 18 May, 2023
D/L
Item No 10
18.05.2023
KOLE
MAT 779 of 2023
With
IA No. CAN 1 of 2023
Arambagh Apexx Diagnostic and Health
Care Private Limited
-Vs.-
The State of West Bengal & Ors.
Mr. Kollol Basu,
Mr. Samrat Choudhury,
... for the appellant.
Mr. Asish Kumar Guha,
Mr. Jayak Kumar Gupta,
... for the State.
Mr. Arpita Mondal Adak,
... for the Municipality.
By consent of the parties the appeal and the
application are taken up for hearing together.
The appellant's writ petition being WPA 2106 of 2023
has been dismissed by the impugned judgment and order
dated April 12, 2023.
The appellant is a lessee under the concerned
Municipality. It approached the learned Single Judge with
the case that clause 11 of the lease deed executed by and
between it and the Municipality required the Municipality to
provide certain infrastructural facilities. The Municipality
has failed to do so. As a result, the appellant is unable to get
itself empanelled under the West Bengal Health Scheme.
The Learned Judge observed that the prayer of the writ
petitioner is for implementation of certain conditions
mentioned in the lease deed. Such prayer could not be
allowed by the writ court. If implementation of conditions of
2
a lease is to be claimed, the appellant should approach the
civil forum.
The other issue that was agitated before the learned
Single Judge was that the trade license of the writ petitioner
had expired in March 2021 but the Municipality was refusing
to renew the same. It was submitted on behalf of the
Municipality that if the writ petitioner cleared the rent dues,
the Municipality would take steps for renewal of the trade
license of the writ petitioner. The learned Judge observed
that it will be open for the petitioner to make payment of the
rent dues for obtaining renewal of trade license.
Being aggrieved, the writ petitioner is before us by
way of this appeal.
Mr. Basu, learned Advocate, appearing for the writ
petitioner/appellant says that the Municipality could not
have imposed any condition for renewal of the trade license.
Mr. Basu relied on Sections 118, 119 and 201 of the West
Bengal Municipal Act, 1993 in this regard. He also relies on
two unreported decisions of learned Single Judges of this
court in the cases of Subir Bhowmick-vs.-The State of
West Bengal & Ors. and Shirin Foods Limited & Anr.-
vs.-Kolkata Municipal Corporation & Ors.
On our query, it was submitted before us that these
legal points were not urged before the learned Single Judge.
We are of the view that if that be the case, it will be unfair on
our part to in any manner interfere with the order impugned.
Mr. Basu says that misconception of law and facts on
the part of the parties are also grounds for review under
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Order 47 Rule 1 read with Section 114 of the Code of Civil
Procedure.
We have recorded the submission of Mr. Basu. If the
appellant is entitled, in law, to approach the learned Single
Judge for review of the judgment and order impugned before
us, it will be open to him to do so in accordance with law.
Since we have not called for affidavits, the allegations
made in the stay application are deemed not to be admitted
by the respondents.
The appeal and the connected application are,
accordingly, disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as possible.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
