The main legal point established is the discretion of the authorities in considering license renewals and the necessity of prior notification for shifting market areas under the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

JUDGMENT

Sabyasachi Bhattacharyya, J. - Petitioner No. 1, namely Sheoraphuli Kancha Sabzee Babsayee Samity, is a society registered under the West Bengal Societies Registration Act, 1961. Its members have been running wholesale business of vegetables at the Sheoraphuli market, situated beside the Sheoraphuli Railway Station, for quite a long time. Admittedly, some of them have valid trade licences and the others have applied for renewal, which is pending. Petitioner no. 2 is the Secretary of the petitioner no. 1-society.

2. Vide Memo No. 516/Con/Srp dated April 23, 2020, the Sub-Divisional Officer, Serampore, Hooghly (Respondent no. 5) intimated the Assistant Commissioner of Police-II, Chandannagar Police Commissionerate, Hooghly that, as per direction of Competent Authority, the Sheoraphuli market (beside railway station) would be shifted on and from April 24, 2020 to Sheoraphuli Regulated Market, situated at Sasmalpara, Baidyabati (beside Delhi Road) following containment strategy of spreading COVID-19. A request was also made to ensure shifting arrangement smoothly to avoid any untoward incident.

3. By Memo No. 818 dated May 22, 2020, respondent no. 5 requested the Secretary, Hooghly Zilla R.M.C. to take necessary action for the facilitation of the concerned trader/commission agents regarding clearing of due taxes as per existing law in force, regarding renewal of R.M.C. licence and operation of the Sheoraphuli 'Haat' (market).

4. Both the memoranda have been challenged in the present writ petition.

5. Learned senior counsel appearing for the petitioners submits that the memo dated April 23, 2020 neither named the 'Competent Authority' under whose direction the memo was issued nor indicated the provision of law under which the market was sought to be shifted from its previous location to Sasmalpara, Baidyabati, beside the Delhi Road.

6. The impugned memo itself indicates that the shifting of market was undertaken following containment strategy regarding spread of COVID-19. Thus, such shifting could at best fall within the purview of the Disaster Management Act, 2005. If so, learned senior counsel argues, such shifting could at best be for a temporary period. However, in the present case, the market was shifted on a permanent basis to a new facility. Post facto justification for such shifting, as given by the respondents in their subsequent action and in their pleadings in the present writ petition, cannot validate such illegal action, it is submitted.

7. Learned senior counsel further submits that the wholesale vegetable market-in-question is the biggest such market in the entire Hooghly district and the second largest market in West Bengal has been continuing for about 500 years. The predecessors of the members of petitioner no. 1 started business therein by purchasing land in their names, which was inherited by its present members. The property was improved by the members and godowns constructed by making huge investments. The location of the market is at a vantage area, both in terms of the goodwill created, easy accessibility and transport facilities due to its proximity to the Sheoraphuli railway station. Arbitrary shifting of the market from such area would be to irreparable detriment to the wholesalers' interest.

8. Learned senior counsel for the petitioner argues that the establishment and continuance of the market and incidents thereof are governed by the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (hereinafter referred to as "the 1972 Act") and the Rules of 1982 framed thereunder. Section 2 (1) (a) of the 1972 Act defines "agricultural produce", which includes the commodities sold in the market-in-question.

9. Section 2 (h) of the 1972 Act defines "market area" as any area declared to be a market area under Section 3. Section 3 (1) stipulates that the State Government may, by "notification", declare any area as a market area within which purchase and sale of such agricultural produce as may be