Vivek Singh vs The State Of West Bengal And Ors
2024 Latest Caselaw 1225 Cal/2

Calcutta High Court

Vivek Singh vs The State Of West Bengal And Ors on 1 April, 2024

Author: Jay Sengupta

Bench: Jay Sengupta

O-01
                                        ORDER SHEET
                                       IA NO.GA/1/2024
                                            WITH
                                          CC/6/2024
                                        WPO/1799/2023
                              IN THE HIGH COURT AT CALCUTTA
                             CONSTITUTIONAL WRIT JURISDICTION
                                       ORIGINAL SIDE

                                       VIVEK SINGH
                                           -VS-
                            THE STATE OF WEST BENGAL AND ORS.


BEFORE:
HON'BLE JUSTICE JAY SENGUPTA
DATE: 1ST APRIL 2024.


                                                                                   APPEARANCE:
  Mr. S. Chowdhury, Adv.; Mr. K. De, Adv.; Mr. S. Mukherjee, Adv.; Mr. R. Pathak, Adv., appear for
                                                                                         petitioner.
             Mr. A. Banerjee, Sr. Adv.; Ms. I. Banerjee, Adv.; Ms. A. Panja Moulick, Adv., for State.
                       Mr. P. Bajpayee, Adv.; Mr. S. Bhattacharjee, Adv., for respondents nos.6&7.

THE COURT: Supplementary affidavit filed on behalf of the petitioner is taken on

record. Copy of the same has been served upon the learned counsel for the State.

Learned counsel for the petitioner submits as follows. By an order dated December 6,

2023, this Court, inter alia, recorded that in the process of conducting such business if the petitioner

committed an offence, it should be open to the Police Authorities to take steps in accordance with law.

However, they could not refuse to entertain a complaint of the petitioner that they were being prevented

by the local goons from conducting their business and they were obliged to take necessary measures to

uphold the rule of law. The Port Trust authorities were requested to demarcate the portion of the

property and it was made clear that the petitioner could not be prevented from carrying on with his

business even in the interregnum. In spite of this, first the local miscreants have been preventing the

petitioner from collecting the parking fees and now, the police authorities are doing the same in blatant

violation of the Court's order. It is germane to mention that a notification was issued by the State under

the West Bengal Escheats Forfeitures Act, 2012. The notification was set aside by a Co-ordinate Bench.

After the order was passed by this Court on December 6, 2023, a Division Bench of this Court set aside

the order passed by the other Single Bench in respect of such notification. However, by an order dated

February 9, 2024, the Hon'ble Supreme Court set aside the notification in question. Therefore, the

matter goes back to status quo ante.

The learned Senior Standing Counsel representing the State submits as follows. After

the said order was passed by the Division Bench of this Court, an application was filed by the State to

have the order dated December 6, 2023 reviewed. The same is still pending. However, in view of the

judgment of the Hon'ble Apex Court, the application has become infructuous. It is categorically

asserted that the police have neither violated the order passed by this Court nor tried to prevent the

petitioner from collecting parking fees. On the other hand, it is the petitioner who has not made any

effort to collect such fees in the meantime.

Learned counsel for the petitioner vehemently denies the submission of the State that the

petitioner had not made any effort to collect the parking fees. In fact, the petitioner would make further

effort to collect parking fees from tomorrow onwards.

In view of the order dated February 9, 2024 passed in SLP (Civil) No.3050 of 2024, the

application being GA/1/2024 for modification of the order dated December 6, 2023, passed by this

Court, is disposed of as having become infructuous.

List this matter for hearing under the same heading on Monday next, i.e. April 8, 2024.

(JAY SENGUPTA, J)

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