Calcutta High Court (Appellete Side)
In Re: Anjan Dasgupta vs State Of West Bengal & Ors on 14 November, 2011
Author: Soumitra Pal
Bench: Soumitra Pal
1
1.2011
W.P. 1915(W) of 2011
In re: Anjan Dasgupta ... Petitioner
Vs.
State of West Bengal & Ors. ... Respondents
Mr. Partha Pratim Roy ... for the petitioner
Mr. Sadan Halder ... for the State
Mr. Tapas Kr. Ghosh ... for respondent no.2
Since it is submitted by the learned advocate for the petitioner that the respondents have been served, he is directed to affirm and file affidavit of service.
Leave is granted to the petitioner to add Hooghly Chinsurah Municipality as a party respondent. Let the cause title be amended in course of this day.
Since Mr. Ghosh, learned advocate appearing on behalf of the Chairman of the said Municipality, accepts service of notice on behalf of the added respondent, no further copy need be served.
Since none appears on behalf of the State of West Bengal, Mr. Sadhan Halder, learned advocate, who usually appears on behalf of the State, is requested to appear in this matter. Let his appointment be regularized. Let a copy of the writ petition be served on Mr. Halder immediately.
In the writ petition, the petitioner, who has been granted lease to operate ferry service between Chinsurah and Naihati, has prayed for a direction upon the respondents, particularly on the District Magistrate, Hooghly, the respondent no.5, to allow him to resume his services after necessary repair is carried out on the jetty, pontoon and vessels of Naihati Mechuabazar (Chinsurah) Ferry Service. It is submitted that during the pendency of the writ petition, the Chairman of the Hooghly-Chinsurah Municipality, the respondent no.2 by Memo dated 24th June, 2011 has requested the District Magistrate, Hooghly, the respondent no.5, to look into the matter 2 regarding renovation of the Chinsurah Launch Ghat Jetty so that ferry service can be resumed within a short period. It appears from the said Memo that a sum of Rs.5,00,000/- has been deposited with the West Bengal Transport Infrastructure Development Corporation for renovation of the jetty. Submission is since the petitioner has already deposited an amount pursuant to the agreement dated 31st March, 2010 for plying the ferry and as he is unable to ply the ferry for the reasons as mentioned, appropriate direction may be given for exempting him from depositing the lease rent for the said period.
Having heard the learned advocates for the parties, since I find that a sum of Rs.5,00,000/- has been deposited with the West Bengal Transport Infrastructure Development Corporation Limited for renovation of the jetty and pontoon, considering the facts and circumstances of the case, the writ petition is disposed of by directing the District Magistrate, Hooghly, the respondent no.5, to repair the jetty within two months from the date of presenting a copy of the certified copy of this order. So far as the prayer for exemption of the lease rent is concerned, the petitioner is at liberty to file a representation before the Hooghly-Chinsurah Municipality, the added respondent, and if such representation is filed, same shall be disposed of within four weeks after giving an opportunity of hearing.
Let a copy of the Memo dated 24th June, 2011 filed today be kept on record.
There will be no order as to costs.
Let urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
( Soumitra Pal, J.)