Calcutta High Court (Appellete Side)
Ms vs Meharia on 12 July, 2010
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
20 12.07.10. W.P. 4928 (W)_of 2000
CL
+
CAN 5333 of 2010
Ms. V. Meharia
Mr. A. K. Ng
Ms. S. Chaudhury ... For the Applicants.
Let affidavit of service filed on behalf of the
applicants/respondent nos. 1 to 4 be kept with the
records.
None appears on behalf of the petitioner when the matter is called on. No accommodation is prayed for.
This application is filed by the applicants for granting leave to them to pass the final order in connection with show-cause notice dated July 2, 2009 and to serve the same upon the writ petitioner.
The subject matter of challenge in this writ application is a notice dated February 17, 2000 directing the writ petitioner to start his retail outlet within fifteen days as also for taking necessary steps in the event failure on his part to comply with the direction. During Pendency of this writ application a show-cause notice dated July 2, 2009 has been issued by the respondent authority to the 2 petitioner directing him to explain why suitable action against him would not be taken due to prolonged closure of the Retail Outlet fixing October 9, 2009 as a date for personal hearing to the writ petitioner.
It is submitted on behalf of the applicants/respondent nos. 1 to 4 that pursuant to the above show-cause notice personal opportunity of hearing was given to the petitioner on the aforesaid date. But due to the explanation of an interim order dated March 16, 2000 passed in the writ application the authority is not in a position to arrive at a decision on the basis of the aforesaid show-cause notice. In the facts and circumstances of this case, I find that the respondent authority issue the aforesaid show-cause notice to give an opportunity to the petitioner to explain the cause of prolonged closure of the Retail Outlet under reference. The petitioner also appears before the authority pursuant to the aforesaid show-cause notice. Therefore there is no reason for restraining the respondents from passing a reasoned order in the matter taking into consideration the explanation of the writ petitioner.
Liberty is given to the respondent nos. 1 to 4 to 3 arrive at a decision respect of basis of the show-cause notice dated July 2, 2009 by passing a reasoned order and to serve the same upon the petitioner. The respondent nos. 1 to 4 are restrained from giving effect to the above decision for a period of two weeks from the date of service of the same upon the petitioner.
This application is thus disposed of.
There will be no order as costs.
Urgent xerox certified copy, if applied for, be furnished to the parties on priority basis.
(Debasish Kar Gupta, J.)