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2021 Supreme(Cal) 66

SABYASACHI BHATTACHARYYA
Sheoraphuli Kancha Sabzee Babsayee Samity – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Bikash Ranjan Bhattacharyya, Advocate, Saptansu Basu, Advocate, Uday Sankar Chattopadhyay, Advocate, Suman Sankar Chatterjee, Advocate, Santanu Maji, Advocate, Snigdha Saha, Advocate, Pronay Basak, Advocate, Subhayu Das, Advocate, Kishore Dutta, Advocate, Debasish Ghosh, Advocate, Sayan Sinha, Advocate, Abhratosh Majumdar, Advocate, T.M. Siddiqui, Advocate, Avra Mazumder, Advocate, Samrat Sen, Advocate, Amitava Mitra, Advocate, Pingal Bhattacharya, Advocate, Neil Basu, Advocate, Abhishek Halder, Advocate, Arkaprava Sen, Advocate

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, Hoo

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