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2024 Supreme(Cal) 105

SABYASACHI BHATTACHARYYA
CAMAC Leathers Private Limited – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Suddhasatva Banerjee, Adv., Mr. Sagnik Majumdar, Adv., Mrs. Anyapurba Banerjee, Adv.
For the Respondents: Mr. Amitesh Banerjee, Sr. Adv., Ms. Ipsita Banerjee, Adv., Mr. Biswaroop Bhattacharya, Adv., Mr. Ayan Chakraborty, Adv., Mr. Subhajit Saha, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. Respondent no. 5, one Sass Med Private Limited, runs a clinical establishment at Premise No. 195/1, Park Street, P.S. – Beniapukur, Kol – 700 017. The said respondent is a lessee under the petitioners since 2021. The petitioners alleged that respondent no. 5 has violated all fire safety norms and has suffered a Notice under Section 5 of the West Bengal Fire Services Act, 1950 (for short, “the 1950 Act”).

2. It is argued that such violation of norms jeopardizes the interests of the petitioners/owners, who also apprehend liability and legal action in that regard from the respondent-Authorities.

3. Learned counsel for the petitioners places reliance on a Notification dated September 4, 2012 annexed at page 81 of the writ petition, issued by the Principal Secretary, Government of West Bengal, Health and Family Welfare Department, by which all clinical establishments were directed to submit either of the documents specified therein, one of which was No Objection Certificate/clearance certificate issued by the Fire and Emergency Services Department of the Government of West Bengal.

4. Learned counsel also relies on the Notice under Section 35 of

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