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2025 DAILYLAW 20189 (CAL)

JAYABRATA MANDAL AND ORS v. THE CHAIRMAN MALDA ZILLA REGULATED MARKET COMMITTEE AND DIST MAGISTRATE AND COLLECTOR MALDA AND ORS

WPA/8412/2022 · 2025-05-23

Partha Sarathi Chatterjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.05.2025. 19 Ct.No.7. as WPA 8412 of 2022 Jayabrata Mandal & Ors. Vs. The Chairman Malda Zilla Regulated Market Committeee & DM & Collector, Malda Collectorate, Malda & Ors. Mr. Apurba Kr. Ghosh. …for the Petitioners. Mr. Soumya Mukherjee. ..for the Respondent Nos.1 & 5. Mr. Subrata Guha Biswas. …for the State. 1. The present writ petition has been filed primarily seeking a direction to the respondents to construct a new fish shed adjacent to the existing wholesale fish market. 2. Mr. Ghosh, learned advocate representing the petitioners, submits that the petitioners are fish sellers by profession and operate their business from stalls allotted to them by the Malda Zilla Regulated Market Committee through a tender process. He further submits that the petitioners have recently learned that the Malda Zilla Regulated Market Committee has initiated steps to set up certain stalls in front of their shop rooms. He contends that there is sufficient land and space available in the vicinity of the petitioners’ shop rooms, which the Committee can utilize to establish new stalls for fish sellers. Mr. Ghosh submits that if the Committee is permitted to set up any shop rooms or stalls directly in front of the petitioners’ existing shops, it will adversely affect the petitioners’ business. Accordingly, he prays for an appropriate 2 direction restraining the Malda Zilla Regulated Market Committee from taking any such steps that may harm the petitioners’ business interests. 3. Mr. Guha Biswas, learned advocate appearing for the State, has produced written instructions and submits that, under a programme to provide large covered spaces for fish sellers to conduct their business, the Malda Zilla Regulated Market Committee constructed three large covered fish sheds in the first phase, comprising a total of 65 stalls for traders and businessmen engaged in similar businesses. The Committee has decided to construct additional fish sheds on the vacant land adjacent to the old/existing wholesale fish complex, based on proposals from the Secretary of the Malda Zilla Matsya Babsayee Samiti and other local fish traders and businessmen. He submits that the petitioners are raising unwarranted issues, and that no provision has been violated nor have the petitioners suffered any prejudice as a result of the actions taken by the Committee. 4. Mr. Mukherjee, learned advocate appearing for Respondents Nos. 1 and 5, submits, on instructions, that the decision to construct an additional fish shed in the adjacent area was taken in compliance with directions received from the Government. 5. Heard the learned Advocates appearing for the respective parties and perused the materials on record. 6. The petitioners have admitted that the fish sheds were constructed on land allotted to the Malda Zilla Regulated Market Committee. As submitted by Mr. Guha Biswas, the covered fish sheds were built based on proposals from the 3 Secretary of the Malda Zilla Matsya Babsayee Samiti and other local fish traders and businessmen. The petitioners have failed to demonstrate that they possess any enforceable right to restrain the Regulated Market Committee from constructing additional fish shops in the vicinity of their existing shops on the ground that such construction may adversely affect their business. 7. Therefore, I do not find any merit in the petitioners’ contentions, and accordingly, the writ petition is dismissed, however, without any order as to costs. (Partha Sarathi Chatterjee, J.)