Calcutta High Court (Appellete Side)
Gargi Goswami vs State Of West Bengal & Ors on 5 February, 2025
05-02-2025
Item No.2
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
AR(C)
WPA No.30997 of 2024
Gargi Goswami
-vs-
State of West Bengal & Ors.
Mr. Dipan Kumar Sarkar
Mr. Sagnik Majumdar
Mr. Abhidipto Tarafdar
Ms. Shreya Ghosh Dastidar ...for the petitioner
Mr. Somnath Ganguli, AGP
Mr. Raja Ram Banerjee ...for the State
Mr. Jayjeev Medhi ...for Pollution Control Board
Mr. Tirthankar Dey
...for the Corporation
Mr. Saumyen Datta
Ms. Dolon Dasgupta ...for the respondent no.10
1. The petitioner complains that the private respondent (the tenth respondent) is running a sweetmeat shop and manufacturing sweets at the subject premises illegally without the necessary permission/license. Complaints were lodged before several authorities, including the police, Fire and Emergency Services, Bidhannagar Municipal Corporation, West Bengal Pollution Control Board and also the environmental engineer.
2. The complaint of the petitioner was considered by the Fire and Emergency Services Department and notice under Section 35 of the West Bengal Fire Service Act, 1950 (in short, 1950 Act) was issued upon the private respondent on December 18, 2 2024.
3. By an order of the Divisional Fire Officer, North 24 Parganas Division, West Bengal Fire & Emergency Services dated 18th December, 2024, the private respondent has been directed to stop functioning of the establishment, failing which legal action would be taken for violating Sections 11C and 12 of the 1950 Act.
4. The petitioner submits that despite the notice being issued, the private respondent is continuing with the functioning of the sweetmeat shop from the subject premises.
5. It has been submitted that the petitioner and her husband both are ailing senior citizens and that the private respondent being a politically influenced person is threatening the petitioner. The police are also acting at the behest of the private respondent. Prayer has been made to restrain the private respondent from operating the sweetmeat shop from the subject premises.
6. Learned counsel appearing for the private respondent denies the allegation of the petitioner and submits that the sweetmeat shop is in operation for years together. Licence and permission have been obtained from the competent authority for running the shop. The allegation of threatening the petitioner is also denied.
7. Learned counsel for the State produces instructions forwarded by the Inspector in-Charge of Baguiati police station signed on February 5, 2025 which admits receiving the notice dated December 18, 2024 issued under Section 35 of the 1950 Act. The instructions also mention receiving complaint from the petitioner on 3 September 27, 2024 and a general diary lodged on September 30, 2024 being Baguiati P.S. GDE No.2374 dated September 30, 2024 over which an inquiry was conducted, but no substantive evidences could be traced to prove the allegation.
8. Learned counsel representing the Bidhannagar police station submits, upon instructions, that a complaint is pending consideration at the end of the Corporation. The licence issuing authority is the Urban Development and Municipal Affairs Department, Government of West Bengal and the Corporation does not have any role to play.
9. An accommodation has been prayed on behalf of the West Bengal Pollution Control Board for taking instructions.
10. Upon hearing the parties, it appears that notice under Section 35 of the 1950 Act was issued upon inspection being conducted and upon hearing the parties. Let the inspection report of the West Bengal Pollution Control Board be placed before this Court on the returnable date.
11. Let the writ petition come up for further consideration as an adjourned motion on February 12, 2025.
12. In the meantime, the Pollution Control Board and the police both shall ensure that the unit in question is running in accordance with the provisions of law. The police shall also ensure that the petitioner is not harassed or threatened by the private respondent in any manner whatsoever.
13. In the event there is any breach of the legal provision, then necessary consequential steps shall be taken.
14. Pendency of the writ petition will not preclude the 4 Fire and Emergency Services Department from taking any steps under Section 36 of the 1950 Act.
15. Instructions forwarded by the police and the affidavit of service filed be taken on record.
16. All parties are to act on the server copy of this order duly downloaded from the official website of this court.
17. Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J ]