Decided on June 23,1995

Prasenjit Saha Appellant
The State of West Bengal and Ors. Respondents


S.B. Sinha, J. - (1.)The petitioner who is the owner of a factory for manufacturing Gul has filed this writ application seeking for a Writ/ Order in the nature of Mandamus commanding the respondents, their agents, servants, sub -ordinates and/or employees to rescind, cancel and/ or withdraw the purported impugned Memo No. B/M -388 dated 18.4.95 issued by the Chairman. Bangaon Municipality refusing the prayer for noting the change of address of Saha Gul Factory on the existing Provisional Certificate for Trade of the petitioner and further forbear them from giving effect to the same and further command them to note the change of address of Sana Gul Factory proposed to be shifted at Ramkrishna Pally. Champeberia at Holding No. 670/A, under Bongaon Municipality the particulars of which are specifically noted in paragraph 11 of the petition forthwith. The fact of the matter lies in a very narrow compass.
(2.)The petitioner applied for a Trade Certificate for starting a Gul Factory. A provisional certificate was granted to him. on the basis whereof he had been carrying on business since 1990. According to the petitioner he has invested a huge amount The petitioner thereafter shifted his factory to a more spacious premises on a monthly rent of Rs. 300/ -. The details of the said premises have been specified in paragraph 11 of the writ application. The petitioner filed an application for change of his address in the provisional certificate which was rejected, inter alia, on the ground that from the enquiry report of the licensing Inspector, the Chairman of the Municipality came to learn that the petitioner's Gul Factory was in operation in the previous address. According to the petitioner, no such inspection was carried out in his presence. He thereafter filed another representation.
(3.)Mr. J. Islam, Learned Counsel appearing on behalf of the possession of all the requisite documents including a certificate granted by the West Bengal Pollution Control Board.

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