Calcutta High Court (Appellete Side)
Dr. Mrs. Sudeshna Mitra (Guha) vs The Collector on 16 June, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
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16-06-2017
S.D.
WP 15018 (W) of 2017
Dr. Mrs. Sudeshna Mitra (Guha)
Versus
The Collector, Fire Licence & Ors.
Mr. A.K. Deb
Mr. Apurba Ghanti
....For the Petitioner.
Mr. Susovan Sengupta
Mr. Subir Pal
....For the State.
The petitioner seeks an order restraining the authorities not to
proceed with the grant of fire licence in favour of the respondent no. 6.
Learned Advocate for the petitioner submits that, the petitioner had made a complaint to the authorities with regard to the dealings of the respondent no. 6. The respondent no. 6 is running a kitchen at the first floor of the property. The petitioner is a resident of the second floor of such property. The respondent no. 6 does not have a Gas bank to run the kitchen. Moreover, the respondent no. 6 has constructed a Gas bank on the driveway which impedes vehicular traffic. He refers to the various correspondences and the reports of the Fire Service Department and submits that, as late as in May 16, 2016, the Gas Bank 2 for the Community Hall Kitchen was reported not to have been made. His clients had applied under the Right to Information Act, 2005 with regard to the fact as to whether or not, the fire licence has been renewed in favour of the respondent no. 6. He relies on (2014) 6 SCC 173 (Sushil Ansal vs. State) and submits that, the complaint is of serious in nature. The respondent no. 6 cannot be absolved of its responsibility.
The State is represented.
It appears that, the Fire Service Department by a writing dated September 1, 2016 is of the view that the enhancement of the number of cylinders of Liquefied Petroleum Gas of 19.5 k.g. should be approved. The increase will not disturb the general or the common facilities of the building premises. The photographs annexed to the writ petition shows that the Gas Bank as it stands now constructed at the property is likely not to impede any vehicular traffic.
Sushil Ansal (supra), is a case of criminal liability due to a fire at a cinema hall. It is not applicable in the instant case as the entire fact in the present case is different.
In such circumstances, I am not minded to interfere in the present writ petition.
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W.P. No. 15018 (W) of 2017 is dismissed.
No order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
(Debangsu Basak, J.)