Samapti Chatterjee, J. - (1.) In this case, the following issues are to be determined: - (i) Whether the concerned Pradhan and the local police authority on the dictate of rival business group could prevent the petitioner to carry on his Cable TV network business in the area ? (ii) Whether the concerned Pradhan could issue communication letter dated 14th June, 2017 ignoring the administrative order dated 10th March, 2017 passed by the concerned Block Development Officer in his quasi-judicial capacity ? (iii) Whether the conduct of the Pradhan illegally and motivatedly preventing the petitioner to carry on Cable TV network business clearly violates Article 21 and Article 19 (1) (g) of the Constitution of India?
(2.) The fact of the case in brief is as follows :- The petitioner being the young entrepreneur with the contemplation to start a business of operating cable network had made an application to the Pradhan of Karmarchak Gram Panchayat on 26th August, 2015. Accordingly on 28th August, 2015 the petitioner deposited '500/- towards the fees for grant of trade license in his favour. Thereafter certificate of enlistment was also issued to the petitioner by the concerned authority on 26th August, 2015. On 19th July, 2016 a trade license for enlistment was issued to the petitioner for the year 2016-17 . The petitioner on 1st August, 2016 upon commencement of the said business paid appropriate entertainment tax for rupees one thousand before the Agricultural Income Tax Officer and certificate to that effect was also issued in favour of the petitioner. The petitioner on 11th August, 2016 applied for registration as a cable operator before the postal authorities. Subsequently on 16th August, 2016 the petitioner was served with a notice that the trade license has been issued in favour of the petitioner on 19th July, 2016 was not appropriate and that he was required to rectify the defects within two days. Accordingly, on 18th August, 2016 the Post Master issued a letter to the appropriate authority forwarding the papers and documents deposited by the petitioner for verification and return of the same. After appropriate verification of the documents the certificate of registration as a cable operator was issued to the petitioner by the concerned Post Master valid till 23rd August, 2017. Unfortunately by a purported communication dated 25th August, 2016 the Pradhan of Kamarchak Gram Panchayat cancelled the petitioner's trade license. By the impugned communication dated 1st September, 2016 the petitioner was informed that on the basis of a communication dated 25th August, 2016 by the Pradhan of Kamarchak Gram Panchayat. The trade license of the petitioner was cancelled and accordingly the Cable TV of the petitioner was also disconnected. Against such illegal action petitioner made repeated representations before the respondent authorities but all in vain. Resultantly the petitioner without finding any alternative filed a writ petition being WP No.643 (W) of 2017. That writ petition was disposed of on 16th January, 2017 thereby quashing both the letter dated 5th August, 2016 written by the respondent no.6 to the Post Master, Head Post Office, Diamond Harbour South 24-Parganas as well as the letter dated 26th September, 2016 issued by the Headmaster HSG-1. Thereafter on 2nd March 2017 the petitioner was served with a notice from the Block Development Officer, Kulpi Panchayat Samity. Accordingly, the petitioner on 10th March, 2017 went to the office of the Block Development Officer to attend the hearing. After the hearing the Block Development Officer on 10th March, 2017 passed an order. Pursuant to the order passed by the Block Development Officer on 10th March, 2017 the petitioner on 20th April, 2017 made further representation before the Pradhan of the Karmachak Gram Panchayat for the renewal of his trade license. Unfortunately by the impugned order dated 28th June, 2017 the petitioner was informed by the Pradhan of the Karmachak Gram Panchayat that the petitioner's application for renewal of the trade license has been cancelled pursuant to the decision adopted in the meeting dated 23rd March, 2017.
(3.) Mr. Anindya Lahiri, learned Advocate appearing for the petitioner strongly submitted that cancellation of the trade license is wholly without jurisdiction of the Pradhan of the concerned Gram Panchayat and also in violation of the quasi judicial order passed by the Block Development officer on 10th March, 2017 pursuant to the Hon'ble Court's order.;