Mukul Gopal Mukherjee, J. - (1.) The petitioners have impugned the inaction on the part of Nalhati Panchayat Samity in granting a licence to the petitioners to run a daily market or a hat in plot Nos. 2071, 2081, 2082 and 2083 appertaining to Khatian No. 3239 in Nalhati. They are the owners of the said land along with one Sushil Kinkar Sinha. The contention, inter alia, is that since 1956, the erstwhile landlord Maharaja of Nasipur, late Bhupendra Nirayan Sinha used to conduct a daily market at the self same site. Sm. Surya Kumari Bahadura, wife of late Bhupendra Narayan Sinha was the original owner of plot No. 2079 appertaining to Khatian No. 3239 in Mouza Nalhati and since 1956 she used to run a daily market in the aforesaid plot and thereafter the petitioners also used to conduct a daily market at the self same site since their purchase of the plots from the erstwhile landlords. The record of-right also reveals the user of the said land as a daily market, i.e., hat. In 1975 on the death of Surya Kumari, Ranendra Narayan Sinha who became the owner of the disputed land, sold the said land to the Petitioner Nos. 2 and 3 by a registered sale deed. The erstwhile landlord used to pay cess to the petitioners concerned and the Petitioner No. 2 also paid a sum of Rs. 205/-, at the State Bank of India, Suri Branch as cess for the year 1983-84. The petitioners contend that they are paying revenue to the State Government authorities for which receipts are granted to them, copies whereof are marked as Annexure B cumulatively. In the month of March, 1985 a circular was given to the public by the Sub-divisional Officer, Rampurhat, inviting applications for grant of licence in respect of holding daily markets. The petitioners submitted an application before the Panchayat Samity for obtaining a licence for running a daily market. The authorities concerned have not disposed of the said application but the petitioners were given to understand that the Respondent No. 4 granted such licence to others without giving any opportunity to the petitioners to be heard in this context.
(2.) The petitioners state and submit that section 117 of the West Bengal Panchayat Act has empowered Panchayat Samity to grant licence for running a hat or a market. Inasmuch as section 117 of the West Bengal Panchayat Act directly confers a right to the petitioners, the respondents have acted contrary to law. They contend that the Respondent No. 5 viz., the Nalhati Panchayat Samity is duty bound to consider the grant the application to the petitioners in accordance with law.
(3.) The further contention made by the petitioners is to the effect that when licence was granted to others, the local people took a resolution taking a contrary view in this matter. The petitioners being dissatisfied with the inaction of the authorities concerned filed a writ application on 11.10.85 before the Honble Mr. Justice Bhagwati Prasad Banerjee, upon which a Civil Order was issued but due to bona fide mistake on the part of the petitioner they not have complied with the order directing them to serve a copy of the order upon the respondents and hence the interim order stood vacated.;