DIPAK MAJUMDAR Vs. THE CHAIRMAN, PANIHATI MUNICIPALITY AND ORS.
LAWS(CAL)-2018-1-474
HIGH COURT OF CALCUTTA
Decided on January 30,2018

Dipak Majumdar Appellant
VERSUS
The Chairman, Panihati Municipality And Ors. Respondents

JUDGEMENT

SUBRATA TALUKDAR,J. - (1.) Party/parties are represented in the order of their name/names as printed above in the cause-title.
(2.) Mr. Roy, learned Counsel appearing for the petitioner, submits that the petitioner has been denied the Certificate of Enlistment necessary for carrying on business from the premises in issue. Mr. Roy points out that petitioner has been enjoying the Certificate of Enlistment for several years and, the Respondents/Panihati Municipality by the communication impugned dated 15th June, 2017 has only taken the stand that the holding number of the premises in issue has been struck off the rolls/assessment record of the Respondents/Panihati Municipality.
(3.) The attention of this Court is drawn to an order dated 3rd April, 2017 passed in MAT 265 of 2017 with CAN 2010 of 2017 wherein the Hon'ble Division Bench was pleased to hold as follows:- " At the time of hearing of the appeal, the learned advocate appearing on behalf of the Panihati Municipality submits that certificate of enlistment has already been renewed in favour of the writ petitioners on 2nd March, 2017. In such circumstances, we are of the view that the appeal and application can be disposed of with the observation that issuance of certificate of enlistment by Panihati Municipality shall affect the rights of the parties, in any manner, in respect of the proceedings pending before the civil Courts.";


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