10.03.2025 Item No.11 Ct. No.01 RP/SM MAT 304 of 2025 With IA No.CAN 1 of 2025 Ram Koley Vs.

State of West Bengal & Ors.

Mr. Sagar Bandyopadhyah, Sr. Adv.

Mr. Soumyen Datta, Adv. Ms. Dolon Dasgupta, Adv.

….For Petitioner Mr. Somnath Ganguly, A.G.P. Mr. Raja Ram Banerjee, Adv.

...For the State-Respondent Mr. Deepan Kr. Sarkar, Adv. Mr. Sagnik Majumdar, Adv.

Mr. Abhidipto Tarafder, Adv.

Ms. Shreya Ghosh Dastidar, Adv.

…For Respondent No.12 Mr. Arka Kr. Nag, Adv.

Mr. Tirthankar Dey, Adv.

…For Respondent No.3 Mr. Arjun Ray Mukherjee, Adv.

Mr. D. Mitra, Adv.

…For Respondent No.4

1. This intra-court appeal filed the private respondent No.10 in WPA 30997 of 2024 is directed against the order dated 25th February, 2025. The writ petition was filed by the writ petitioner praying for a direction upon the authorities not to grant any sanction and/or permission and/or licence and/or no objection certificate to the appellant/private respondent No.10 in respect of the sweet shop operating in the premises in question which is owned by the writ petitioner. The writ petitioner also sought for a direction upon the authorities to forthwith stop operation of the sweet shop and manufacturing unit run by the appellant/respondent to avoid any fire hazard, accident and causing injuries to the residents and public at large. The learned Single Bench after hearing the parties on either side passed an interim direction on 5th February, 2025. After hearing the parties the learned Single Bench noted that a notice under section 35 of the West Bengal Fire Services Act, 1950, was issued upon inspection being conducted and upon hearing the parties. The inspection report of the West Bengal Pollution Control Board was directed to be placed before the learned Single Bench on the next hearing date. The case was adjourned till February 12, 2025. In the meantime, the West Bengal Pollution Control Board and the Police were directed to ensure that the sweet manufacturing unit in question is to be run in accordance with the provision of law. Police authorities were directed that the writ petitioner should not be harassed or threatened by the appellant/private respondent in any manner whatsoever. As several police complaints were made by the writ petitioner against the appellant/private respondent to the effect that the appellant/private respondent is a very influential person and often threats were meted out upon the petitioner, who is a senior citizen, the learned Writ Court made it clear that the pendency of the writ petition will not preclude the Fire and Emergency Services department from taking any steps under section 36 of the 1950 Act and further directed the West Bengal Pollution Control Board to file the inspection report on 25.02.2025. On perusal of the report filed by the Special Secretary, Government of West Bengal, the Divisional Fire Officer, 24 Parganas (North), it was observed that the licence issued by the Bidhannagar Municipal Corporation in favour of the private respondent for running the shop has been cancelled with effect from February 20, 2025 and such order was not under challenge, so refused to enter into the merit of the submission on behalf of the writ petitioner. The appellant is aggrieved by the observation made by the learned Single Bench by which the appellant has been precluded from running the sweet manufacturing unit.

2. We have elaborately heard the learned advocates for the parties and carefully considered the materials placed on record. The shit-anchor of the argument of the appellant is based on the licence obtained from the Bidhannagar Municipality, the department of Fire and Emergency Services and Food Safety department. To be noted all these licenses are fresh licenses which have been issued pursuant to online applications made by the appellant. The licence issued by the Bidhannagar Corporation has contained a disclaimer stating that the licence is auto-generated through computer system as per data submitted by the appellant himself in online p