Calcutta High Court
M/S. Indrapuri Studios Pvt. Ltd. & ... vs State Of West Bengal & Others on 19 April, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
WP No. 1373 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. INDRAPURI STUDIOS PVT. LTD. & ANOTHER Petitioners
Versus
STATE OF WEST BENGAL & OTHERS Respondents
For Petitioners : Mr. Amit Chatterjee, Advocate. For Respondents : Mr. Swarup Paul, Advocate. BEFORE:
The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 19th April, 2011.
The Court : This writ application is filed by the petitioners for a direction upon the respondents to act on the basis of their communication dated December 10, 2008 submitted to the respondent no.3 for cancelling the licence issued to the petitioner no.1 under the provisions of Factories Act, 1948.
It is submitted on behalf of the petitioners that in spite of the above communication, the aforesaid licence was renewed by the respondent-authority in the year 2009.2
On the other hand, it is submitted by the learned Counsel appearing for the respondents that on the basis of an application filed by the petitioners the above licence was renewed till December 31, 2009. Thereafter similar application for renewal of the above licence was made by the petitioners on January 15, 2010. On the basis of an application the licence was further renewed for the period up to December 31, 2010. It is also submitted by the learned Counsel that in the event no further application is filed by the petitioners for renewal of the above licence, that will automatically be cancelled. However, if the petitioners continue with their work, the Authority will be at liberty to take steps in accordance with law under the provisions of the Factories Act, 1948.
Having heard the learned Counsel appearing for the respective parties as also considering the facts and circumstances of this case, I find that admittedly the licence under reference was renewed till December 31, 2009 on the basis of an application submitted by the petitioners. It is also not in dispute that a similar application was filed by the petitioners on January 15, 2010 for renewal of their licence for the year 2010. Let a copy of the above communication dated January 15, 2010 be kept on record.
In view of the above admitted facts, no relief can be granted to the petitioners in this writ application. However, in the 3 event no application is filed by the petitioners for renewal of the licence under reference for the subsequent period, it will stand automatically cancelled. Needless to point out that such cancellation will be subject to the provisions of the Factories Act, 1948.
With the above observations, this writ application stands disposed of. There will, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of requisite formalities.
(DEBASISH KAR GUPTA, J.) rnc.