Samapti Chatterjee - (1.)The petitioners filed the present writ petition for the following reliefs :-
a) A writ in the nature of mandamus by commanding the concerned respondents, to revoke, and/or rescind and/or withdraw the letter dated 19th April, 2016 being reference number DMC(M)/L/01/2015-16 dated 4th April, 2016 and CS/431/15-16 dated 19th April, 2016 and letter under reference number DMC (M)/L/133/2017-18 dated 20th May, 2017 forthwith;

b) Writ in the nature of mandamus be issued by directing the concerned respondents to cancel and to set aside the impugned order dated 19th April, 2016 being reference number DMC (M)/L/01/2015-16 dated 4th April, 2016 and CS/431/15-16 dated 19th April, 2016 and letter under reference number DMC (M)/L/133/2017-18 dated 20th May, 2017 forthwith;

c) A writ in the nature certiorari by commanding the concern respondents to transmit the records relating to this case before this Honourable Court so that a conscionable justice may be done to your petitioners;

d) Ad-interim order passed by restraining the concerned respondents from taking over possession of the stall E (P)-110 on the ground floor, Block-"B" of redeveloped College Street Market (Varnaparichay) and/or the key of the said stall from the petitioners till the disposal of this writ application;

e) An Ad-interim order be passed by restraining the concern respondents from taking any steps on the basis of the impugned order/notice dated 19th April, 2016 and 20th May, 2017 till the disposal of this application;

f) Rule in terms of prayers (a), (b), ( c ) above,

g) Ad-interim order in terms of prayers (d) and (e) above;

h) Any other writ or writs, order/orders, direction or directions as Your Lordships may deem fit and proper;

(2.)The petitioners' case in a nutshell is as follows :-
The petitioners belong to an old Bengali trading family. Their forefather was carrying on business since inception of the old College Street Market, the petitioners are now carrying on the said business of their forefather in College Street Market. The Kolkata Municipal Corporation (hereinafter referred to as KMC) decided to develop the said College Street Market and the stall holders of the said market were shifted elsewhere till the completion of the development work with the assurance that stall holders shall be rehabilitated in the said newly developed market having same space and same area as soon as the development work is completed.

It is also the case of the petitioners that after completion of newly constructed market the Kolkata Municipal Corporation authority by the letter dated 22nd Dec., 2015 finally allotted stall no. E(P) 110 at Block-B ground floor at developed College Street Market (Varnaparichay). Keys of the stall was also handed over to the petitioners. When the petitioners were undergoing decoration work of the said stall suddenly some unknown miscreants with ulterior motive came and tried to obstruct the decoration work of the said stall and assaulted the persons who were engaged in the said work thereby threatening that if they carry on the decoration work they have to face dire consequences. Those miscreants also illegally and forcibly took away the key of the said stall and put their own padlock on the said stall; the petitioners somehow with the help of the police force of Jorasanko Police Station could remove the padlock and remain in possession of the said stall still now.

On 14th Jan., 2016 the petitioners informed the Chief Manager (North) Market Department, K.M.C. about the said illegal incidence but the Municipal authority failed to pay any heed to the petitioners' complaint. On the contrary all on a sudden on 4th April, and 19th April, 2016 the petitioners received letters from the Chief Manager Market of KMC informing that the chemical stalls are to be provided in the first floor of the Block-B of the redeveloped College Street Market. By the said letters initial allotment of the stall no. E(P)-110 was arbitrarily withdrawn/cancelled and the petitioners were requested to handover the key of the said stall to the Senior Superintendent Market, KMC immediately.

Against such illegal cancellation of the said earlier allotment the petitioners wrote a letter interalia explaining that the petitioners' nature of business does not fall in the category under "business of scientific chemical" as the petitioners have been carrying on business of Salt, Soda, Caustic Soda, Bleaching Powder, Lime Stone Powder etc which are mostly used for domestic cleaning purpose, therefore the business of the petitioners could not be equated with the "business of scientific chemical" for which the first floor of the re-developed market has been allotted.

It is also the case of the petitioners that petitioners other stalls being stall nos E(P)-20, E(P)-113 and E(P)-114 in the said market which are adjacent to stall no. E(P)-110 in the ground floor. The registered authorized business of stall no. E(P)-110 relates to the articles of goods which are heavy in weight and such type of business is only permissible to be carried on from the ground floor as the petitioners had other stalls located in the ground floor of the old market as well as after re-development of the said market.

Considering the case of the petitioners prima facie this Court on 25th May, 2017 restrained the respondent KMC for giving any further effect to the letter dated 20th May, 2017 for a limited period which was time to time extended.

Considering the above facts and circumstances the legal issues that have arisen in the writ petition are as follows :-

(i) Whether the alleged cancellation of the allotment of the stall in ground floor of municipal re-developed College Street Market is illegal?

(ii) Whether the petitioners' business carried on in stall no. E(P)-110 dealing in articles of goods which are heavy weight in nature could be treated as scientific chemical business as assailed by KMC?

Submissions of the learned Advocates

(3.)Mr. Amal Baran Chatterjee, learned senior Advocate appearing for the petitioners submitted that the petitioners' nature of business does not fall under chemical business. Petitioners have been carrying on selling of salt along with Soda, Caustic Soda, Bleaching Powder, Lime Stone Powder which could be considered as grocery goods and not salt and heavy chemicals as has been wrongly described in the impugned order.