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2017 Supreme(Cal) 271

ARINDAM SINHA
Amit Dhandania – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
Anuj Singh, Ritoban Sarkar, Avishek Das, Ashok Kumar Singh, Anirban Bose, Karabi Roy, Souritra Ganguly, N.C. Behani, Papia Banerjee Behani, Advocates.

JUDGMENT :

1. The petitioners are before this Court seeking issuance of mandamus commanding the respondents to immediately recall or rescind or cancel any sanction or licence provided for installation and running of lift in the premises under the occupation of the private respondent. This writ petition was moved on 16th August, 2017 when the following order was made:-

“Mr. Singh, learned advocate appears on behalf of the petitioners and submits, the private respondent is a tenant who has installed a lift in the demise. He refers to an affidavit sworn by the private respondent before notary on 4th July, 2003 in support of his submission that the said respondent is a tenant. He then refers to communication dated 21st March, 2017 made by the Public Information Officer (PIO) in answer to query raised on behalf of the petitioners regarding whether any licence had been granted in respect of installation and use of the lift. The answer is in the negative as appears therefrom. He then relies on Section 7 of the West Bengal Lifts and Escalators Act, 1955 in making his prayer for interim order.

2. On behalf of the respondent no. 3 it is submitted that no licence for the lift had been granted. M





















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