Calcutta High Court (Appellete Side)
Kishor Ghosh vs The Chandernagore Municipal ... on 18 January, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
18.01.2022 Court No. 19 Item no.7 sn WPA 8526 of 2021 Kishor Ghosh Vs. The Chandernagore Municipal Corporation & ors.
Mr. Raghunath Chakraborty Ms. Era Ghosh ......for the petitioner.
Mr. Suman Basu .....for the Corporation.
Despite service, none appears on behalf of the Chandernagore Municipal Corporation. Mr. Suman Basu, learned advocate, who usually appears on behalf of the Corporation, is directed to accept notice on behalf of the Corporation and to appear in the matter. His appearance be regularized.
This is a case of denial of the enlistment certificate to the petitioner to run a sweetmeat shop at premises no. 1/18, G.T.Road, Chandernagore, Hooghly. It is further alleged that the Corporation has put a padlock forcefully on the sweetmeat shop of the petitioner.
The Commissioner rejected the prayer of the petitioner for grant of certificate of enlistment on the ground that the petitioner failed to submit documents relating to occupation/completion certificate, assessed copy of the Assistant Registrar of 2 the Building in which the petitioner intends to run his business.
The ground for rejection is that the building is incomplete, unassessed and non recorded and has illegal construction.
The Corporation shall file a report on February 25, 2022 upon holding an inspection of the entire building in question in presence of the petitioner. In the said report, the Corporation shall indicate as to whether the completion certificate had been granted in respect of the said building to the promoter or the owner etc. Whether any other persons have been carrying on business from the said building. Whether the law required that a tenant who was given occupation of a portion of the building to run his shop was required by law to furnish the assessment register, the completion certificate etc. at the time of filing an application for grant of enlistment certificate. It is the specific contention of the petitioner that other persons have been granted the certificate of enlistment to run their respective businesses from the said premises.
The Corporation shall also state in the report as to whether a padlock was put in the sweetmeat shop of the petitioner, without any authority of law as alleged. If the Corporation does not have any 3 authority to put the padlock, then the same shall be removed.
Let this matter appear on February 25, 2022 under the heading "Urgent Motion".
Parties are to act on the server copy of this order.
(Shampa Sarkar, J.)