BISWANATH SOMADDER,J. - (1.) The writ petitioner and the private respondent nos.6 and 7 have a long standing private dispute with regard to operating a brick-field under Belpukur Gram Panchayat, Krishnanagar - II, in the district of Nadia. They used to carry on a partnership business of manufacturing of bricks under the name and style of "Dhubulia Brick-fields Enterprise". The dispute that has arisen between the partners of Dhubulia Brick-fields Enterprise is now a subject matter of adjudication under provisions of the Arbitration and Conciliation Act, 1996. It is stated in the writ petition that proceedings have been initiated under the said Act of 1996 and certain orders have also been passed. It has been further stated that the private respondent nos. 6 and 7, in order to circumvent the disputes arising out of the aforesaid partnership firm, formed a new partnership firm in the name and style of "Modern Brickfield Enterprise", impleaded as respondent no.8, to carry out similar business of manufacturing bricks.
(2.) The only issue that has come up for consideration before this Court in the instant application is whether the partnership firm, "Modern Brickfield Enterprise", could have been issued a trade licence by the concerned Gram Panchayat to carry out its business of manufacturing bricks, notwithstanding the specific bar imposed by the State Government as contained in notification dated 21st December, 2004, which has been issued in exercise of powers conferred by sub-section (1) of section 116 read with section 212 of the Panchayat Act, 1973.
(3.) After hearing the learned counsel for the parties at length and looking into the applicable provisions of law, it appears that the Gram Panchayat authorities are competent to register running trade in terms of its Regulatory duties as provided under section 21 of the West Bengal Panchayat Act, 1973, subject to such conditions as may be prescribed. However, section 116(1) of the West Bengal Panchayat Act, 1973 reads as follows : "116. Powers to prohibit certain offensive and dangerous trades without licence and to levy fee. - (1) No place within a Block shall (on conviction by a Magistrate,) be used for any trade or business declared by the State Government, by notification, to be offensive or dangerous, without a licence, which shall be renewable annually, granted by the Panchayat Samiti subject to such terms and conditions as the Panchayat Samiti may think fit to impose.";