CHAIRMAN KHARDAH MUNICIPALITY Vs. ANNAPURNA BAKERY
HIGH COURT OF CALCUTTA
CHAIRMAN, KHARDAH MUNICIPALITY
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S.B.Sinha, J. -
(1.)This appeal is directed against a judgment and order dated 26.9.95 passed by N.K. Batabyal, J. in C.O. No. 19502(W)/95 whereby and whereunder the said learned Court allowed the Writ application filed by the wit petitioner-respondent No. 1.
(2.)The respondents No.1 is a proprietary concern.
(3.)One Smt. Minakshi Ghosh filed a writ application, inter alia, for issuance of a writ of or in the nature of mandamus directing the respondents to grant her an enlistment certificate in terms of the provision of West Bengal Municipal Act, 1993 (hereinafter referred to as 'the said Act'). According to the petitioner, she is a tenant in respect of premises No. 14, Rahara Bazar at Rahara P.S. Khardah, District North 24-Parganas on a monthly rental of Rs.400/- and had installed necessary machinery for manufacturing the bakery products. The said unit is a small-scale industrial unit The petitioner applied for licence for manufacturing and selling articles of food and also for trade licence. The appellant No. 1-Municipality, supplied application form for grant of professional certificate for enlistment and for trade licence to the petitioner which was duly submitted on 10.10.94 together with the prescribed fees therefor. According to the writ petitioner in terms of the provision of the said Act the authorities were bound to grant a certificate of enlistment or reject the same within 30 days: but as despite expiry of the said period no certificate was granted, the said writ petition was filed. The appellants in their affidavit-in-opposition before the learned trial Judge, inter alia, stated that the said application of the petitioner was not accompanied by requisite plan and other relevant documents and thus the same was not taken into consideration. However in the affidavit-in-reply the writ petitioner stated that the application was rejected on extraneous consideration. A supplementary affidavit had been filed annexing therewith various documents and wherein it was, inter alia, stated that all requisite documents were supplied.
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