Dilip Saha vs The State Of West Bengal & Ors
2024 Latest Caselaw 4616 Cal

Calcutta High Court (Appellete Side)

Dilip Saha vs The State Of West Bengal & Ors on 9 September, 2024

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya

Form No. J.(2)
Item No.12

                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE
                                 HEARD ON: 09.09.2024
                          DELIVERED ON: 09.09.2024
                                  CORAM:
                   THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
                                   AND
             THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
                                M.A.T. 1604 of 2024
                                         With
                               I.A. No. CAN 1 of 2024
                                      Dilip Saha
                                          Vs.
                           The State of West Bengal & Ors.
Appearance:-
Mr. Argha Banerjee
Mr. Amal Kumar Roy
                                                .........for the appellant
Mr. Debjit Mukherjee
Ms. Susmita Chatterjee
                                               ......for the State
Mr. Supriyo Chattopadhyay, Ld. A.G.P.
Ms. Sayantanee Bhattacharjee
                                                .....for the respondent nos.3 & 4
Mr. Jyoti Prakash Chatterjee
                                   .....for the respondent no.12/writ petitioner
                                       JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. Affidavit of service filed in Court be taken on record.

2. This intra-Court appeal by the unsuccessful writ petitioner is directed against

the order dated 16th July, 2024 in W.P.A. No.8988 of 2023. The appellant's

father was allotted a shop room by way of collection of toll by the Regulated

Market Committee. The appellant's father expired and the appellant now

insists that the allotment should be transferred in his individual name.

3. The Regulated Market Committee, though would have been justified in

resorting to public auction, agreed to the request, subject to production of No

Objection Certificate from the legal heirs of the appellant's father viz. his

brother, mother and sisters.

4. The No objection certificate has not been produced since the other siblings are

not agreed to the said request. With this grievance, the appellant filed the writ

petition. The learned Writ Court rightly dismissed the writ petition.

5. The appellant places reliance on an agreement entered into between himself,

his brother and sisters. This agreement is not binding on the Regulated

Market Committee.

6. The learned advocate for the appellant would contend that till date, the

appellant is paying the amount payable to the Regulated Market Committee

and relied upon a receipt dated 31st July, 2024. As is evident from the said

receipt, it is in the name of Mangal Saha, who is the appellant's father.

Therefore, based on such receipt, the appellant cannot claim any individual

right over the concerned shop room.

7. Therefore, the appellant has not made out any ground to interfere with the

impugned order.

8. Hence, the appeal fails and the connected application is dismissed.

9. No costs.

10. Urgent photostat certified copy of this order, if applied for, be furnished to the

parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.)

Pallab/KS AR(Ct.)