Calcutta High Court (Appellete Side)
6.12.2024 vs (Adsl 11) State Of West Bengal & Ors on 16 December, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
Court No. 35 WPA 12855 of 2024
(265777)
Kamal Krishna Chowdhury
16.12.2024
Vs.
(ADSL 11) State of West Bengal & Ors.
(S. Banerjee)
Mr. Debanik Banerjee
Mr. Sayan Sinha
Mr. Rishabh Dutta Gupta
...for the petitioner
Mr. Amal Kumar Sen
Ms. Ashima Das (Sil)
...for the State
Affidavit of service filed in court today be kept
with the record.
Petitioner is aggrieved by the fact that in the same
premises there is already a licence for Tari Shop and
a supplementary country spirit shop has been
granted licence. However, the private respondents are
creating disturbance in running the said shop with the aid and assistance of their associates as has been complained by the petitioner.
Learned advocate for the State has submitted a report.
If a licence has been granted, it is the duty of the police authorities to give protection to a business for being lawfully carried out. If the local people are creating any problem for reasons, then in that case 2 the police authorities will apply before the licensing authority or the authority who have granted the permission for carrying on the business. As such, at the whims of a group or cluster of persons a business cannot be shut down.
The police authorities would extend cooperation and if they intend that there would be any other problem, they would complain to the authority who granted the licence for interfering with the conditions of the licence which have been granted. The petitioner would continue his business of country spirit shop on the basis of the licence which have been granted. In case he finds any hindrance, disturbance or obstruction, he would report to the police authorities when the police authorities would take steps so that no hindrance, disturbance or obstruction is created.
With the aforesaid observations WPA 12855 of 2024 is disposed of.
Report so submitted be kept with the record. Copy of the report be handed over to the learned advocate appearing for the petitioner.
(Tirthankar Ghosh, J.)