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2013 Supreme(Cal) 846

ASIM KUMAR MONDAL
Susmita Basu – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioners:Jiban Ratan Chatterjee and Hiranmoy Bhattacharyya, Advocates.
For the Opposite Parties :Aloke Kumar Ghosh, Achinta Kumar Banerjee and Era Ghosh, Advocates.

JUDGMENT :

Asim Kumar Mondal, J.

This is an application under Article 226 of the Constitution of India directed against the illegal blocking of the access to the business place of petitioners being premises No. 136, Hazra Road, Kolkata-700026 by the Kolkata Municipal corporation and thereby preventing the petitioners from carrying on its business therein.

2. The petitioners have also challenged the legality and propriety of the purported order dated September 29th, 2003 passed by the Deputy Municipal Commissioner (Licence) of Kolkata Municipal Corporation.

3. The case of the petitioners is that Sree Prasanna Basu, since deceased, husband of petitioner No. 1 entered in a dealership agreement with Caltex (India) Limited on October 1st, 1975. The undertaking of Caltex (India) Limited stood transferred and vested in Hindustan Petroleum Corporation Limited. That Kolkata Municipal Corporation issued trade licence till 1977. On March 29th, 1979 the Deputy Licence Officer refused to issue trade licence in favour of Sree Prasanna Basu for the year 1978-1979. Sree Basu against the said order of refusal moved before the Hon'ble Court and obtain rule in his favour. Sree Basu again moved before Hon




























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