PANCHAYAT PRADHAN Vs. MOHIT LAL GHOSH
LAWS(CAL)-2021-3-28
HIGH COURT OF CALCUTTA
Decided on March 03,2021

Panchayat Pradhan Appellant
VERSUS
Mohit Lal Ghosh Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) This is an appeal against a judgment and order dated March 16, 2020, whereby WP 3462 (W) of 2020 was disposed of by a Learned Single Judge. By the impugned order the Learned Judge allowed the writ petition by setting aside the impugned communication dated February 14, 2020 issued by the Pradhan of the Singur - II, Gram Panchayat, rejecting the application of the writ petitioner for grant of trade license for running a 'Bar'. Being aggrieved, the said Panchayat Pradhan, who was the respondent no.3 in the writ petition, has preferred this appeal.
(2.) Appearing for the appellant, Learned Counsel submitted that the grounds for rejecting the writ petitioner's application for trade registration have been clearly mentioned in the impugned communication. They are: i) The proposed place for setting up the 'Bar - cum - Restaurant' is in close proximity to a school and locality where about a thousand families live. ii) A mass petition has been submitted to the Gram Panchayat requesting not to grant any permission for running the trade of 'Bar' which may degrade the social ambience. iii) A playground is located near the place where the 'Bar' is proposed to be set up. A large number of youths gather at the playground everyday for sports activity. Granting trade certificate for a 'Bar' in the vicinity of the playground will not be judicious since the teenagers may be tempted to visit the 'Bar' and get addicted.
(3.) Learned Counsel referred to Sections 19 and 20 of the West Bengal Panchayat Act, 1973, which enumerate the obligatory duties of a Gram Panchayat and the transferred duties of a Gram Panchayat, respectively. He also referred to Section 21A (e) of the said Act which provides that in pursuance of the objectives laid down in Section 19(1), a Gram Panchayat shall have powers to take measures for improvement of quality of life, including undertaking schemes and adopting measures relating to organizing campaigns against social evils like drinking, consumption of narcotics, dowry, child marriage, gender discrimination and abuse of women and children.;


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