TRIPTI ROY Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2015-8-162
HIGH COURT OF CALCUTTA
Decided on August 04,2015

Tripti Roy Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

DIPANKAR DATTA,J. - (1.) The petitioner's husband (since deceased) had obtained necessary licences from the licensing authority under the Drugs and Cosmetics Act and was running a medicine shop by the name of M/s. Gouri Medical Store. The petitioner's husband passed away some time in 2013 pursuant whereto the petitioner applied for a licence in her favour. According to the petitioner, she has been verbally informed that unless she obtains the no objection certificate from the landlord, the application shall not be considered.
(2.) It seems that the licence has not been granted on the specious ground of the petitioner having failed to obtain no objection certificate from the landlord i.e. respondent no.5, leading to presentation of this writ petition.
(3.) Learned advocates representing the State and the respondent no.5 were asked to point out the specific statutory provision, which requires no objection certificate from the landlord to accompany an application for licence. No such provision could be shown. The only provision that has been shown requires the authority concerned to satisfy itself as to whether the shop room for which the licence is sought is adequate and equipped with proper storage accommodation for preserving the properties of drugs to which the licence applies.;


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