S.B.SINHA, J - (1.) The Appellant was Respondent No. 4 in the writ application and this appeal arises out of a judgment and order dated 28-11-96 passed by a learned single Judge of this Court in C.O. No. 6962(W) of 1996 allowing a writ application filed by the writ petitioner respondent, whereby and whereunder the authorities of the Panihati Municipality have been directed to take action under Chapter-XVII of the West Bengal Municipal Act, 1993 (hereinafter referred to as "the said Act"), to make reasonable and adequate provision for regulation and protection of Mollarhat Market and not to proceed with the sanction of the plan in the area and/or 1 places covered by the said market.
(2.) The subject matter of the writ petition was an old market situate at Agarpara in the District of 24-Parganas (North) wherein the petitioners sell their commodities. Some of the petitioners are said to have permanent shops therein and are monthly tenants under the appellants and/or their predecessor-in-interest. The said market belonged to the Debuttar Estate of Sri Sri Radha Ballav Jew. The shebaits of the said estate by an indenture dated 15th September, 1989 leased out the said property to the appellants for a period of 99 years. In terms of one of the covenants of the said indenture, the appellant was entitled to raise new structures.
(3.) In terms of the said covenants, the appellant filed an application, before the respondent-Panihati Municipality within whose jurisdiction the aforementioned market falls, for sanction of a building plan; an objection whereto was raised by the petitioners and others. Apprehending unlawful eviction at the hands of the appellant, the writ petitioners filed the aforementioned writ application claiming, inter alia, the following reliefs :- " (a) A writ in the nature of Mandamus directing the respondent No. 2 to take action under Chapter XVIII of the Bengal Municipal Act to protect market so that market should be continued under S. 2(31) of the West Bengal Municipal Act, 1993 keeping in mind that private market is existing for about 80 years under the name and style Mollarhat and more than two hundred persons' lives and existence are in the hands of respondents. (b) A writ in the nature of Prohibition with a direction to Prohibit the respondent from changing the existing market in a shape of multistoried building depriving petitioners' livelihood. (c) A writ in the nature of Certiorari directing the respondents to produce and certify the records so that proper justice may be done to the inhabitant. (d) Ad-interim direction upon the respondent not to pass any plan which is determental to the interest of existing market which is situated at Mollarhat in the Municipal Holding No. 32 to 38 of the Panihati Municipality.";