Calcutta High Court
Hiralal Chowhan & Co. & Anr vs The Board Of Trustees For The Port Of ... on 27 November, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
W.P. No. 328 of 2017
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
HIRALAL CHOWHAN & CO. & ANR.
Versus
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 27th November, 2017.
For Petitioners : Mr. Aniruddha Chatterjee with
Mr. Kushal Chatterjee & Mr. Surendra Kr. Sharma, Advs.
For Respondents : Mr. Probal Mukherjee, Sr. Adv.
with Mr. Somnath Bose, Adv.
The petitioners seek release of goods taken possession of by the KoPT authorities illegally.
According to the petitioners, the petitioners are the tenants in respect of portion of a premises which cannot be accessed from the entrance as shown by the KoPT authorities. Such entrance is blocked due to debris lying in and around the entrance. In view of such debris, the petitioners are forced to unload the vehicles at a distance and carry the materials into its place by human labour. It is during one of these incidents, that KoPT authorities have sought to take possession of the goods. Consequently, the petitioners should not suffer for the non-action on the part of the KoPT authorities. It is for the KoPT authorities to keep the pathway in a habitable condition.
2
Learned Advocate for the petitioners makes over two photographs showing the entrance to the area under occupation by the petitioners. He also relies on a sketch map showing the entrance.
KoPT authorities are represented.
Prima facie it appears from the photographs that there are debris and vegetation which impede free movement of vehicular traffic. In such circumstances, it would be appropriate to request the KoPT authorities to remove the vegetation and the debris and facilitate free movement of the traffic leading upto the area under occupation of the petitioners.
Let such effort be made within a period of three weeks from date. The other issues raised by the parties in the writ petition will be considered thereafter.
List the writ petition three weeks hence under the same heading.
(DEBANGSU BASAK, J.) K. Banerjee A.R. [C.R.]