Patherya, J. - (1.) This appeal has been directed from the order dated 10th March, 2016 in W. P. No. 3341(W) of 2016.
(2.) By the said order the court below rightly dismissed the writ petition on the ground that it was not meritorious.
(3.) Counsel for the appellant has strenuously pursued his case and has taken us to the licence issued by the Health Department in 1947 in favour of one Sk. Jasimuddin, who is the predecessor in interest of the writ petitioner. He has also taken us to the registration certificate which is nothing but a certificate issued under the West Bengal Shops and Establishments Act, 1963 and this has been renewed till 2013. In 1990 Sealdah Court Premises was under renovation and an arrangement was reached. The appellant was a stall owner and his name finds mention in the Memo issued in August 1996 by the Executive Engineer, P.W.D., Suburban Division. Therefore, he was entitled to be allotted. Representation was made. Writ petitions were filed and orders passed. By order dated 30th July, 2015 in W. P. No. 17502(W) of 2015 his last representation was directed to be considered. By the said order the appellant was to file an application before the District Judge, South 24 Parganas, Alipore and such application was also filed on 5th August, 2015. Pursuant to the said application his representation was considered and rejected by order dated 3rd September, 2015 on the basis of the report filed by the Judge, Small Causes Court, Sealdah. The appellant challenged the said decision in W. P. No. 3341 (W) of 2016 but the said writ petition was rightly dismissed by this Court. The counsel of the appellant placed reliance on the document issued by Executive Engineer, P.W.D., Suburban Division. This is in contra with the Memo dated 18th March, 1993 issued by the Office of the Judge, Small Causes Court, Sealdah and based on the said Memo of March, 1993 an application was to be filed by the appellant by 18th March, 1993, but no such application was filed by 18th March, 1993 or even thereafter. Therefore, any application of the appellant could not be considered by the Judge, Small Causes Court, Sealdah. P.W.D. is not a judge of the Small Causes Court, Sealdah, who had undertaken rehabilitation scheme for licenced stall in Sealdah Court Premises and any list of P.W.D. will be of no consequence.;