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1978 Supreme(Cal) 472

CHITTATOSH MOOKERJEE, BANKIM CHANDRA RAY
Kanchanoor Bhaskar Shetty – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
R. C. Deb, Goutam Chakraborty and Asok Kumar Ganguly, for appellant no. 1
Somnath Chatterjee, Tarun Kumar Basu and Samir Kumar Ghose, for Respondent no. 2
N. N. Gupta and Suprokash Banerjee, for State

JUDGMENT

Ray, J.: This appeal by the petitioner arises out of the judgment and order passed in Civil Rule No. 5923 (W) of 1977 filed on February 9, 1978 by T. K. Basu, J. discharging the Rule.

2. The petitioner Kanchanoor Bhaskar Shetty carrying on business of advertising under the name and style of Classic Advertising submitted au application on January 19, 1977 before the Public Works Department, Government of West Bengal for the grant of licence for fixing kiosks on street lamp post owned by the Public Works Department in the Maidan area and on the V.I.P. Road up to the Calcutta Air Port offering to pay a sum of Rs. 12,000/- annualy as rent. The petitioner thereafter submitted a sketch plan showing the types of kiosks to be mounted to the street lamp posts as directed by the Assistant Chief Engineer, P.W.D. on 2nd May, 1977. A letter was issued under the signature of the Deputy Secretary II, Public Works Department (Works Branch), Government of West Bengal to the petitioner intimating him the decision of the Government about the terms and conditions of the permission to display advertisement on boards. The terms and conditions are set out hereunder :-

"(1) Tenure of the permission

























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